The federal government published this Monday (28) two provisional measures that are already in effect on telework, changing and adding new rules.

The new rules for the home office in Brazil. The provisional measures, established by the Government, were published this Monday (28) in the Official Gazette, bringing changes to the hybrid model (when activities are carried out in person at the company and at a distance) and the production system, allowing workers to carry out their tasks whenever they want.

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

It is worth mentioning that the text of the Provisional Measure establishes that the presence of the employee in the company to carry out some specific activity, adding up to less than three days a week, does not deprive the character of the home office regime. Telework becomes legally permitted also for interns and apprentices.

Definition of hybrid model is changed in CLT

The Consolidation of Labor Laws (CLT) had a small change so that the hybrid model could be better defined. This regime was defined as “mainly or not” when referring to work outside the company's premises.

Thus, "telework or remote work is considered to be the provision of services outside the employer's premises (...), with the use of information and communication technologies, which, by its nature, does not configure as external work". In view of this, the provision of services remotely must be expressly included in the worker's contract.

Contract per production: worker can carry out his activities whenever he wants

Being hired for production, that is, without having to be subject to a time regime established by the company, was the will of many workers. And this system is now legally formalized!

The Provisional Measure allows the worker to carry out his work tasks whenever he wants, with the control of the service being done by the delivery of the demands.

On the other hand, with regard to the working hours model, the new legislation still allows the employer to have control over the employee's hours, enabling the payment of overtime.

Employees with disabilities or who have children with disabilities are given priority for the home office

The new rules state that employers must give priority to employees with deficiency and to male and female employees with children or children under legal custody up to the age of four in the allocation of vacancies for remote work activities.

Food assistance at home office

The Provisional Measure also deals with the payment of food allowance 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 that there should be no discounts for the fact that the worker is at home.

Since the inadequate execution, deviation or distortion of the purposes of the food allowance by employers or companies issuing food aid payment instruments, (i.e., non-compliance with this rule) may result in the imposition of a fine of up to BRL 50.000,00.

Other rules contained in the new provisional measures

• There is no possibility of wage reduction without the worker's consent
• Anyone working in Brazil for a foreign company will be subject to Brazilian rules
• It is possible to anticipate vacations and holidays
• Proportional reduction of working hours and salary or temporary suspension of the contract is allowed