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Reforma Trabalhista

How to adapt your company to the Labor Reform

Since November 11, 2017, the Labor Reform has entered into force, which changes the relationship between company and worker registered under the CLT (Consolidation of Labor Laws) regime of 1943.

The reform takes place after more than 70 years that the CLT was created and changes the relationship between employees and employer already working under the CLT, as well as for new employment contracts.

For those who already have their work card registered, the changes take effect after collective and individual agreements, with or without the intervention of the union, depending on each case.

From now on, respecting the articles of the new law, agreements for bank of hours, dismissal in common, home office and vacations do not have to be defined by the union, but rather between the parties.

Law No. 13.467/2017 amends:

  • Decree-Law No. 5,452 of May 1943;
  • Law No. 0619 of January 3, 1974;
  • Law No. 8.036 of May 11, 1990;
  • Law No. 8,212 of July 24, 1991.

In this article, we will explain the main changes in the Labor Reform, such as: workers’ vacations, lunch hours, the creation of a new type of work, working days, pregnant and breastfeeding worker; dismissals; union tax and labor lawsuits.

Labor Reform and workers’ vacations

With the approval of the Labor Reform, vacations can be divided into up to three periods, provided that a period is not less than 14 consecutive days and the rest are never less than 5 days (also consecutive).

Vacations cannot begin two days before a worker´s holiday or rest day. Vacation periods shall be defined by mutual agreement.

Lunch time

Even those who work more than 6 hours a day may have reduced lunch time to less than 1 hour (with a minimum of 30 minutes). The break time for lunch should be set by convention or collective agreement.

Intermittent work

A novelty that the reform brings is the creation of intermittent work, a new form of working contract that must be concluded in writing with the value of the working hour, which cannot be less the hourly minimum wage or less than what is paid to the other company´s employees performing the same function.

In practice, the company and the employee define in contract how much each job will cost. The offer must be made to the employee with, at least, 3 days’ notice and he can accept it or not.

The worker must notify the company whether or not he accepted the offer within 24 hours. Failure to comply with what was requested entails a fine of half the value that is paid for the service, both for the employee and for the company.

 

Working days

Another change that CLT receives is related to the working days. All activities can be carried out within the 12 × 36 period (12 working hours for 36 hours of rest), provided there is a written agreement.

For current employees, the adoption of the part-time regime will be made through an option manifested before the company, in the manner provided on an instrument resulting from collective agreement.

Partial days will be accepted:

  • 30 hours a week and no overtime.
  • 26 hours with 6 extra hours.

The women situation

One of the warmest discussions about New CLT is directly related to work in unhealthy environments performed by pregnant and breastfeeding women.

The law determines that, when the degree of insalubrity is minimal or average, the pregnant woman is authorized to execute them, provided there is a medical certificate authorizing her.

Breastfeeding woman can work in places with any degree of insalubrity, the only exception will be for women who present medical certificates.

Joint resignation

The joint resignation is made when both parties accept payment of 20% of the FGTS, half of the notice and the worker will not receive unemployment insurance.

Union tax

The collection of the union tax is no longer compulsor. The contribution becomes optional.

Labor lawsuits

The Labor Reform ensures that employees who act in bad faith litigation, the one in which a lawsuit is filed without having a real right, is held accountable and start paying for the costs of the proceedings.

Judicial aid is offered to those who have a salary equal to or less than 40% of the INSS ceiling, an average of R$ 2,200.00.

Should one of the parties not attend the hearing and the case is closed, he or she will pay the costs of the proceedings, unless there is a plausible justification within 15 days.

Those who lose the case will pay between 5% and 15% of the value of the award and attorneys’ fees of the winning party.

Now that you know the main points of the Labor Reform, have the support of a law firm that offers attorneys experts in working with the Labor area. In this way, your company adapts to the changes and guarantees a good relationship with its employees.