MP 1109 brings new labor-related rules for situations of public calamity

The federal government published, on March 28, the Provisional Decree No. 1,109, commonly known as MP 1109, which creates, among other elements, a set of actions to facilitate the telecommute regime, the anticipation of vacation time, the compensatory time, the enjoyment and anticipation of holidays in situations in which public calamity has been recognized by the government. The goal is to conserve jobs, companies, and the employee’s income.

The MP is applicable immediately, though limited to 120 days. The rules need to be approved by congresspeople, both deputies and senators, in order to be considered permanently valid.

Understand the main topics seen in the aforementioned MP:

Telecommute or working from home

The employer can change the on-site work model to telecommute, or remote work, besides determining the return to on-site work, regardless of individual or collective agreements, dismissed the prior registry of any modification to an individual contract of employment.

In respect to changes between said modalities, the employee needs to be notified with a minimum of 48 hours in advance, whether by writing or electronically.

Matters related to the acquisition, the maintenance or the provision of equipment and infrastructure must be prescribed in a previously executed contract, or within a 30-day deadline, counted from the date in which the work modality is changed.

In the same conditions, interns and apprentices may also work under a telecommute regime.

Anticipation of individual vacation time

The employer must inform their employee about the anticipation of their vacation time with a minimum of 48 hours in advance, whether by writing or electronically, even when the acquisition period has not yet passed.

The vacation period cannot be fewer than 5 calendar days. So long as it is accorded in writing, the employer and the employee may negotiate the anticipation of future vacation periods.

The one third premium associated with vacation time may be paid after its concession, at the discretion of the employer, up until the date in which the 13th salary (also known as Christmas bonus) is due.

The payment vacation time compensation may be made until the fifth business day of the month that follows the beginning of the enjoyment of such vacation period.

Concession of collective vacation time

The employer may concede collective vacation period to all employees or to specific sectors of their company. The employers, collectively, that are affected by said decision ought to be informed about it, either in writing or electronically, with a minimum of 48 hours in advance.

The company is relieved from the obligation to previously communicate the local agency of the Ministry of Labor and Social Security and the pertaining labor unions.

Enjoyment and anticipation of holidays

The employer may also anticipate the enjoyment of federal, state, district, or municipal holidays, even the religious ones. The employees should be notified of said decision by writing or electronically with a minimum of 48 hours in advance.

The holidays may be used for the compensation of compensatory time.

Compensatory time

The employer is allowed to interrupt employees’ activities and establish a special regime of compensatory time off, in favor of the employer or the employee, determined by an individual or collective agreement, to be compensated in an 18-month deadline counted from the date in which the period ruled by an act from the Ministry of Labor and Social Security comes to an end.

The compensation of the interrupted time to be recovered may be done through the extension of the working hours in up to two hours, while not exceeding ten daily working hours and, at the same time, being able to be done on weekends.

The compensation of said balance of hours may be decided by the employer regardless of any collective or individual agreement.

Suspension on the FGTS collection

This MP allows the Ministry of Labor to relief companies located in municipalities taken by the state of public calamity from the requirement to collect FGTS for up to four months.

The employers may use this prerogative independently of the number of employees, the taxation regime, the legal nature, the industry of said economic activity and the previous admission.

The deposit of suspended competences may be done in installments, without the need for update, fines, and expenses.

Emergency Benefit for Conservation of Employment and Income (BEm)

MP 1109/22 allows for companies to use measures such as the reduction of working hours and compensation, or the temporary suspension of a contract with the BEm payment by the federal government.

This program becomes permanent, and it may be instituted in order to fight the consequences of the state of public calamity.

Specialized support

For a strategic performance that is always in compliance with the legislation, count on the guidance of Domingues e Pinho Contadores’ social security and labor law-related teams: dpc@dpc.com.br.