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Reform Expands the Weight of Negotiations Between Companies and Unions or Employees. See How This Labor Reform May Affect You
[supsystic-social-sharing id=’1′]The labor reform sanctioned in July will take effect on the next 11th. The central axis of the law that updates the Consolidation of Labor Laws (CLT) expands the weight of negotiations between companies and unions or employees, allowing these agreements to prevail over legislation. According to specialists consulted, the new rules will apply immediately. Other changes, however, will require negotiations between companies and employees before they take effect, which may delay their implementation.
See below the points of the labor reform that most affect the daily lives of workers:
Thirty-Minute Lunch Break and Other Changes by Agreement
One of the central axes of the reform is that what is negotiated prevails over what is legislated. This will allow labor agreements to modify points of the law, such as reducing the lunch break to thirty minutes. Negotiations may also be made to determine working hours, time-recording, holiday swap agreements, among other points.
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These negotiations may be carried out from the first day of the reform’s validity. But for the changes to take effect, unions and companies must follow an already existing procedure for this purpose. “It is necessary to follow a series of formalities, such as calling an assembly, making an agreement, reading the document to the employees, filing it with the Ministry of Labor. In my experience, this takes about two months. The reform does not alter this part of the agreement,” explains Carla Blanco Pousada, a partner at the law firm Filhorini, Blanco e Cenciareli.
Vacation
Accumulated vacation may be divided starting from the first day of the law’s validity. The change in labor law allows that, if the employee is interested, the vacation may be split into up to three periods, with one period having at least fourteen days and the others at least five. Those who already have the right to vacation, even if accumulated under the previous law, may divide them.
Telecommuting
The new rules will be in effect from the first day of validity, provided that this modality is included in the existing employment contract. The new rules require that the obligations of work performed outside the company – such as home office – be specified in the contract.
The text also states that it must be clear who is responsible for acquiring materials and infrastructure necessary for the work, as well as the reimbursement method. Although it is not expressed in the project, the trend is that it will be assumed by the company. “There is a principle in labor law that the employer bears the costs of work. Just because the reform regulates home office does not mean it can transfer costs to the employee,” explains Anna Thereza de Barros, a partner at the law firm Pinheiro Neto.
If the current contract does not provide for this modality, the company may make an amendment.
Mutual Termination
It will be possible to leave the company receiving 20% of the FGTS fine starting from the first day of the reform’s validity. Under the current law, there are two situations: if the worker is dismissed for just cause or resigns, they do not receive a fine on the guarantee fund resources and cannot withdraw it. If dismissed without just cause, they receive a 40% fine on the balance and can withdraw the deposited resources. The labor reform introduces the possibility for employer and employee to reach an agreement for dismissal, where the worker receives 20% of the fine and can withdraw 80% of the FGTS resources.
End of Mandatory Union Contribution
The reform stipulates that the contribution will no longer be collected in the next billing period. The CLT establishes that companies must deduct in March the equivalent of one day of work and transfer the amount to the unions, known as the union tax. In theory, this retention should no longer be made in 2018, as the new labor law states that the deduction may only be made if approved by the worker in advance. However, the Temer government is negotiating with trade union centers to issue a provisional measure to replace the funding for union entities.
Part-Time Work of Thirty Hours
It does not take effect until it is renegotiated by the parties. Currently, the limit is 25 hours per week, and with the new law, the maximum will be thirty hours. “In a part-time contract, the number of hours is usually specified. Since the salary is usually paid based on them, and not by the month, the contract would have to be renegotiated,” explains Carla.
Compensation of Hours Bank in Six Months
The six-month limit for compensation becomes immediate, but it is possible that other rules may take precedence. Currently, companies must grant the time off for overtime within up to a year. This maximum limit will be reduced to six months, but this is one of the points that may be collectively negotiated. “In principle, the one-year limit could be maintained, because the whole purpose of the reform is to prioritize the agreement over the law,” says Anna Thereza.
It is also possible that the collective agreement of certain professional categories has its own still valid rules. “I would advise the company to close the existing hours bank and open a new one, to avoid confusion,” says Carla. Source: Veja
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