President Jair Bolsonaro established a provisional measure (MP) that institutes “measures alternative labor rights” and the Emergency Program for Maintaining Employment and Income in cases of public calamity. The MP has a constitutional validity of 120 days and, to be permanent, it needs approval by the National Congress.
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According to the federal government, the “alternative labor measures” and the Emergency Program for Maintaining Employment and Income are essential for possible new cases of public calamity, such as Covid-19 and the floods in Bahia.
Such measures may be adopted by employees and employers, and they include the adoption of the teleworking regime, the possibility of anticipate individual vacations, differentiated hourly bank regime and the deferral of the payment of the Guarantee Fund for Length of Service (FGTS).
The new labor measures aim to preserve workers' employment and income, as well as the sustainability of the market in cases of public calamity. “The Emergency Employment and Income Maintenance Program allows for the proportional reduction of working hours and wages or the temporary suspension of the contract of work, through the conclusion of an agreement between employer and employee, with payment of the Emergency Employment and Income Preservation Benefit”, states the government.
A large part of the agreements will be carried out collectively and, for workers whose income is composed of the emergency benefit, the negotiation will be individual.
If the employer dismisses the employee during the provisional employment guarantee period, he must pay a fine equivalent to the salary he would be entitled to. And, if there is a reduction in the journey, he must pay the salary proportional to the workload.
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