Provisional Measure (PM) 927 missed the voting deadline last Sunday (19) and expired. The text, published in March, relaxed labor rules and allowed employers to negotiate directly with employees—without the mediation of the labor union—on agreements regarding remote work, temporary suspension of employment contracts, advancement of vacations and holidays, time-off banks (banco de horas), postponement of FGTS (Guarantee Fund for Length of Service) deposits for three months, waiver of occupational medical examinations, among other topics.
The text, which was published on March 22 and had the force of law, aimed to facilitate the retention of jobs because of the crisis generated by the coronavirus pandemic. The provisional measure was approved by the Chamber of Deputies, but failed to reach a consensus in the Senate, where it received more than a thousand amendments. Even while it was in effect, the provisional measure was a source of disagreement between the government's economic team, trade associations, and lawmakers.
For Michelle Pimenta Dezidério, a labor law specialist and associate at the law firm Chediak Advogados, employers can no longer take measures based on the rules modified by Provisional Measure 927, and the provisions of the CLT return to effect without any type of flexibility. However, everything that was agreed upon while the MP was in force remains valid.
— Everything that employers did, for example, granting advance vacations, will not be considered invalid as long as it was done while the provisional measure was in effect, ensuring legal certainty.
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The lawyer commented that the failure to vote on the Provisional Measure harms both the employer, who can no longer count on the flexibilities, and the employee, who may be laid off, which could lead to even more unemployment in the country.
All of these rules that were permitted were intended to keep jobs. So this employer, without the relaxation of rules, will think twice before keeping the employee, and for the worker, they run the risk of losing their position.
Check out the main changes with the expiration of Provisional Measure 927:
Home office / Telework
- The employer cannot mandate the change from in-person work to telework; it must be agreed upon by both parties: employer and employee.
- Apprentices and interns can no longer work under the remote work regime.
– The time worked by the employee under the remote work arrangement, beyond the normal workday, will be considered overtime and must be paid.
Individual agreement vs. collective agreement
With Provisional Measure 927, the individual agreement could take precedence over the collective one, meaning it carried more weight. With the expiration of the measure, the collective agreement carries more weight than the individual one, meaning the worker's union must mediate to change the rules that were modified by the MP and have now returned to following the CLT.
Individual and collective vacations
– The individual vacation period must be communicated 30 days in advance once again, and no longer in 48 hours.
– The minimum period of individual vacation must be 14 days, and the remainder can be divided into two other periods.
– You cannot advance vacation for an employee who has not completed 12 months of employment, therefore, they do not have the accrual period for this right.
- The employer cannot postpone the payment of the 1/3 vacation bonus and the pecuniary allowance.
– The employer must give notice of the granting of collective vacation 15 days in advance, and no longer 48 hours, and must inform the employees' labor union and the Ministry of Economy.
- Collective vacations must have a minimum period of 10 days.
Holidays
– Holidays cannot be brought forward without this having been negotiated in a collective bargaining agreement.
Compensatory time off
– In the case of contracts that provide for a time bank, it must be compensated according to the collective bargaining agreement, which in some cases can be within a period of three to six months. MP 927 allowed compensation in up to 18 months.
Occupational safety and health
– Occupational medical examinations must be performed within the normal deadlines. And the training established by the regulatory standards must also be carried out in accordance with legal deadlines and in-person.
Inspection
Labor inspectors can act in a supervisory capacity, including the application of sanctions and fines.
SOURCE:
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