The Labor Reform introduced various modifications to laws, such as telecommuting and hybrid work agreements, under Provisional Measure 1108/22 to enhance the security of employment relationships. It is essential for lawyers to stay informed about these updates to offer excellent advice to their clients.
What does Provisional Measure 1108/22 entail?
Telecommuting was initially regulated under the CLT during the 2017 Labor Reform, albeit briefly. Nevertheless, the COVID-19 pandemic has led to telecommuting becoming a prevalent mode of work in many companies where tasks can be completed remotely to prevent the spread of the virus.
We recognized the importance of updating labor laws to protect the rights and security of individuals in this new work structure. As a result, the Provisional Measure (MP) 1108/22, issued on March 28 this year, modified CLT articles to enhance legal clarity in employer-employee relationships.
The MP 1108/22 has a 60-day period until the end of May and can be extended for another 60 days if the vote is not finished in both National Congress Houses. During this time, all work contracts must comply with the rules introduced by this MP until it is potentially enacted into law.
What are the primary modifications to the home office system?
Article 5 of MP 1108/22 introduces significant modifications to Law No. 6.321 from April 14, 1976, particularly concerning telework and hybrid work. The MP presents a revised definition of telework.
Telework or remote work involves providing services away from the employer’s premises, predominantly or not, using information and communication technologies, and is distinct from field work by its very nature.
The MP introduces a new interpretation regarding telework, different from what was established in the Labor Reform, which required telework to be primarily done outside the office.
The regular presence of the employee at the company’s premises will not negate the home office work arrangement as outlined in Article 75-B § 1o.
Attending the employer’s premises for specific activities does not change the telework or remote work arrangement, even if it is a regular occurrence.
To prevent potential legal disputes in the future, Article 75-B, paragraph 4 of the Labor Code explicitly states that telecommuting should not be considered as telemarketing or teleservice operations.
Has the mixed government system also been addressed in this MP?
The MP 1108/22 allows employees and the company to have flexibility in determining a hybrid work arrangement, where employees can work from home and the office on alternating days or as needed by the company.
Before the implementation of the MP, it was not achievable because the previous definition of telework included all employees who worked remotely for at least 3 days a week.
Other key alterations you should be aware of
- Other updates should also be highlighted briefly.
- Trainees and apprentices are also legally allowed to telework.
- Food assistance should only be used for purchasing meals at restaurants or food establishments.
- The collaborator can offer assistance through travel, manufacturing, or assignment.
- Employers utilizing production-based or task-based hiring do not have to monitor the employee’s working hours.
- Employees who are disabled or have children under the age of four should be given preference for remote work opportunities.
Telecommuting needs to be regulated to ensure the well-being, safety, and security of employees. Companies should be careful and ensure that the work agreements of employees engaged in telecommuting or hybrid work are appropriate, as mandated by MP 1108/22.
To stay informed about legal changes, use Legal One by Thomson Reuters. It helps manage your law firm and provides daily updates on over 200,000 documents from different levels of government for top performance.
