Hybrid Model And Work By Output: Understand The New Home Office Rules Established In Government Provisional Measures

The Federal Government Published On This Monday (28) Two Provisional Measures That Are Already In Effect Regarding Telecommuting, Changing And Adding New Rules.

The new rules for home office in Brazil are now in effect. The provisional measures established by the Government were published this Monday (28) in the Official Gazette of the Union, bringing changes to the hybrid model (when activities are performed in person at the company and remotely) and the production regime, allowing the worker to perform tasks whenever they want.

As these are Provisional Measures, the new rules will be valid for a maximum of 4 months. To become permanent, the proposals must be reviewed and approved by the National Congress.

It is worth noting that the text of the Provisional Measure establishes that the employee’s presence in the company to carry out a specific activity, totaling less than three days a week, does not disqualify the home office regime. Telecommuting is now legally permitted for interns and apprentices as well.

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Definition of Hybrid Model Is Changed in CLT

The Consolidation of Labor Laws (CLT) had a small change to better define the hybrid model. This regime has been described as “predominantly or not” when referring to work outside the company premises.

Thus, “telecommuting or remote work refers to the provision of services outside the employer’s premises (…), using information and communication technologies, which, by their nature, do not configure as external work”. Consequently, the provision of services remotely must be explicitly stated in the worker’s contract.

Production Contract: Worker May Perform Their Activities Whenever They Want

Being hired on a production basis, meaning not being subjected to a set schedule established by the company, was the desire of many workers. And this system is now legally formalized!

The Provisional Measure allows the worker to perform their work tasks whenever they wish, with service control being managed through the delivery of demands.

On the other hand, regarding the work schedule model, the new legislation still allows the employer to control the employee’s hours, enabling overtime payments.

Employees with Disabilities or Who Have Children with Disabilities Have Priority for Home Office

The new rules state that employers must give priority to employees with disabilities and employees with children or children under judicial guardianship up to four years of age when allocating positions for remote work activities.

Food Assistance in Home Office

The Provisional Measure also addresses the payment of food assistance by employers. It states that the amounts must be used exclusively for the payment of meals in restaurants and similar establishments or for the purchase of foodstuffs in commercial establishments, and there should be no deductions for the fact that the worker is at home.

In cases of inadequate execution, diversion or misappropriation of the purposes of food assistance by employers or by the companies issuing food assistance payment instruments (i.e., non-compliance with this rule), a fine of up to R$ 50,000.00 may be imposed.

Other Rules Included in the New Provisional Measures

• No possibility of salary reduction without the worker’s consent
• Those working in Brazil for a foreign company will be subject to Brazilian rules
• It is possible to anticipate vacations and holidays
• It is allowed to proportionately reduce working hours and salary or temporarily suspend the contract