Provisional Measure (MP) 927 missed the deadline for voting last Sunday (07/19/2020) and expired. The text, published in March, made labor rules more flexible and allowed employers to negotiate directly with employees — without mediation by the worker union — in agreements on telework, temporary suspension of the employment contract, anticipation of vacations and holidays, bank of hours, postponement of the FGTS payment for three months, exemption from occupational medical examinations, among other topics.

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The text, which was published on March 22 and had the force of law, aimed to facilitate the maintenance of jobs due to the crisis generated by the coronavirus pandemic. The MP was even approved by the Chamber of Deputies, but did not have a consensus in the Senate, where it received more than a thousand amendments. Even while it was in force, the MP was a reason for disagreement between the government's economic team, class entities and parliamentarians.

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Check out the main changes with the end of validity of MP 927:

 

Home office / telework

- The employer cannot determine the change from the face-to-face regime to telework, it needs to be agreed between the two parties: employer and employee.
- Apprentices and interns can no longer work remotely.
- The time worked by the employee remotely, in addition to the normal working day, will be considered overtime, and payment must occur.

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Individual agreement x collective agreement

- With MP 927, the individual agreement could prevail over the collective one, that is, it had more weight.
- With the end of the validity of the measure, the collective agreement has more weight than the individual one, that is, it needs to have the intermediation of the union of the worker category to change the rules that were modified by the MP and now they have returned to follow the CLT.

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Individual and collective vacations

- The individual vacation period will be communicated again 30 days in advance, and no longer 48 hours.
- The minimum period of individual vacation must be 14 days, the rest can be divided into two other periods.
- You cannot anticipate vacations for employees who have not completed 12 months as an employee, therefore, they do not have the vesting period for this right.
- The employer cannot postpone the payment of the additional 1/3 of vacation and the cash allowance.
- The employer must communicate about the granting of collective vacations 15 days in advance, and no more than 48 hours, and must inform the employee category union and the Ministry of Economy.
- Collective vacations must have a minimum period of 10 days.

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Holidays

- Holidays cannot be anticipated without this having been negotiated in a collective agreement.

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annual leave

- In the case of contracts that provide for the bank of hours, it must be compensated in accordance with the collective agreement, which in some cases may be within a period of three to six months. MP 927 allowed compensation in up to 18 months.

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Occupational health and safety

- Occupational medical examinations must be carried out within the normal deadlines.
- And the training established by regulatory standards must also be carried out in accordance with the legal deadlines and in person.

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Oversight

- Labor auditors can act in a supervisory manner, including the application of sanctions and fines.

Data: 07/21/2020