New Act establishes the "Emprega + Mulheres" Program

Program changes labor rules to encourage the inclusion and permanence of women in the job market

On September 22, Law No. 14.457/2022 , which creates the Emprega + Mulheres program (Women Employment Program), was published in the Federal Official Journal. Resulting from the conversion of Provisional Presidential Decree No 1,116/2022 by the Brazilian Congress, the program is intended to foster the employability of women and ensure their permanence in the job market.

The act also aims to support parenting in early childhood and has promoted important changes in the labor laws for parents, in general. Check out below the main changes that will impact both employers and employees:

Parenting Support

Daycare reimbursement

Employers will be able to implement daycare reimbursement, granted to female workers with children up to 6 years old.

Companies that offer this benefit will not be required to reserve a place appropriate for caring and assisting children of breastfeeding employees, an obligation applied to businesses with at least 30 female employees.

It is worth recalling that amounts paid as daycare reimbursement are not considered salary, nor are they part of the tax base for social security or FGTS contributions, or part of employees' taxable income.

Flexible working hours and vacation for parents

To encourage fathers and mothers to remain in the market, the law establishes that employees who have custody of children younger than 6 years of age or children with disabilities are given priority in remote work vacancies.

These parents will also have priority in being granted one or more of the following measures:

• Part-time work regime;
• Special regime of compensatory time;
• 12 hours of work for 36 hours of uninterrupted rest (12-hours-on, 36-off);
• Anticipation of individual vacation;
• Flexible check-in and check-out times.

Special compensatory time regime

Upon termination of the employee's contract, the balance of accrued hours not compensated in his/her favor will be paid together with the severance pay. However, if hours are in favor of the employer, they can be deducted from the severance pay.

Anticipation of individual vacation time

Parents will be entitled to request early vacation up to the second year after their children have been born or adopted, even if they have yet to complete their accrual period.

Employers must pay the compensation for anticipated vacation by the 5th business day of the month following the beginning of vacation time, while the one-third vacation premium (provided by the Federal Constitution) can be paid until the 13th salary's due date.

Extension of maternity leave

The law changed the Empresa Cidadã (Citizen Company) program in order to extend the maternity leave period.

It is now allowed for both female and male employees applying for the benefit to share the same 60-day extension of the leave (in addition to the first 120 days). However, companies participating in the program can replace the extension with a 50% reduction of working hours for 120 days.

Excused absences for accompanying women in antenatal appointments

Parents-to-be may be absent from work for as long as necessary to accompany their spouse or partner to up to 6 medical appointments or exams during pregnancy.

In addition, the CLT (Consolidation of Labor Laws) was also amended to allow for a 5-day absence period for paternity leave. This leave was already provided for in the Constitution, but the labor legislation required only a 1-day period.

Suspension of contracts (lay-off)

For professional qualification of women

Female employees interested in participating in a professional qualification program may request their employers to be temporarily laid off from work. Requests must be formalized by individual agreement, collective bargaining or labor agreement.

To this end, priority should be given to courses that promote the professional advancement of female workers or areas with low female participation (science, technology, development, and innovation).

Employers must pay a professional qualification allowance. In addition, they may also grant a monthly financial aid, not included in salary income.

For fathers' support to women after the end of maternity leave

Men whose partners have finished their maternity leave may also request to be temporarily laid off from work to take care of their young children while their partners return to work.

Employers should widely disclose to workers the possibility of supporting their spouses' return to work and guide them through the procedures.

In any case, if the contract is terminated during the lay-off period or within 6 months following the return to work, employers must pay a fine, provided for in a collective bargaining or labor agreement, amounting to no less than 100% of the last paid remuneration.

Preventing and fighting sexual harassment and violence at work

To promote a welcoming work environment for women, companies with an Internal Commission for the Prevention of Accidents and Harassment (Cipa) must include in their internal regulation rules of conduct regarding sexual harassment and other forms of violence, widely sharing its content to all employees and establishing procedures for receiving and following up on complaints.

In addition, every 12 months, these companies must promote training, guidance, and awareness for male and female employees of all hierarchical levels on topics related to violence, harassment, equality, and diversity in the workplace.

"Emprega + Mulheres" Label

The law also created the Emprega + Mulheres label, awarded to companies that stand out for meeting the needs of parent employees and for promoting gender equality in the workplace.

Companies that qualify to receive the label can use it to advertise their brand, products, and services, and must report its actions annually. In addition, micro-enterprises and small businesses will benefit from additional credit stimulus.

Granting of microcredit for women

Women entrepreneurs will also have special conditions for credit transactions carried out under the Digital Microcredit Simplification Program for Entrepreneurs (SIM Digital).

Two lines of credit will be offered: the first, granted to individuals, will be limited to BRL 2,000.00 ; and the second, granted to Individual Microentrepreneurs (MEIs), will be limited to BRL 5,000.00.

Labor Management

DPC has a labor and social security team specialized in providing operational and consulting support to its clients, keeping them aware of the best practices for workforce management. You can rely on this support: dpc@dpc.com.br.