31/7/2024
On July 29, 2024, Interministerial Ordinance No. 15 was published, established between the Ministry of Labor and the Ministry of Human Rights, concerning the register of employers who have subjected workers to slavery-like conditions.
The Ordinance aims to publicly disclose, through the official website of the Ministry of Labor, the register of individuals or legal entities penalized in a fiscal action that has identified workers subjected to slavery-like conditions.
The inclusion of the employer will occur after the issuance of the administrative decision confirming the violation cited in the fiscal action for detecting exploitation of labor under slavery-like conditions.
In the administrative process resulting from the inspection, the constitutional principles of due process and full defense will be respected.
The information to be published in the register by the Ministry of Labor includes:
- Name of the employer;
- CNPJ or CPF registration (if an individual);
- Year of inspection in which the violations occurred;
- Number of individuals found in slavery-like conditions;
- Final date of the administrative decision;
The register will be updated at any time, but such updates cannot occur more frequently than every 6 months.
The employer’s name will remain listed in the register for a period of 2 years. During this time, Labor Inspection will monitor the conditions of work to ensure compliance, with the possibility of extending the period by an additional 2 years in case of recidivism.
The removal from the register will occur immediately after the administrative process is completed with the signing of a Conduct Adjustment Term (TAC) with the Public Ministry of Labor, aiming to (i) repair the damages caused; (ii) correct the irregularities; and (iii) adopt preventive and promotional measures to avoid future occurrences of labor under slavery-like conditions and other labor human rights violations.
Employers who sign a TAC or judicial agreement will not be included in the register of employers who have subjected employees to slavery-like conditions but will be listed in the Conduct Adjustment Register (CEAC).
In the CEAC (Conduct Adjustment Register), in addition to a copy of the TAC (Conduct Adjustment Term) signed by the employer, the following information will be available for consultation:
- Name of the employer and CNPJ or CPF number;
- Year of inspection in which the violation occurred;
- Date of the signing of the TAC or judicial agreement;
For the signing of the TAC, certain minimum criteria must be observed, and if the employer is a repeat offender, it will not be possible to sign another TAC.
The Ordinance also outlines a series of situations that may be considered violations for the purposes of equating to slavery-like conditions, both for direct employers and for outsourced service providers.
Therefore, it is important for all employers to ensure that all labor obligations are being met, including those arising from outsourced relationships, as the ordinance is now in effect and inspections will also focus on this issue.
The labor team is available to assist companies on this matter.
Co – authored by: Fabio Chong De Lima and Peterson Vilela Muta
