Major changes await entrepreneurs with the labor reform , approved by the Senate in July of this year. For Michel Temer's government, the new laws are part of the main measures that aim to stimulate new hires and reduce bureaucracy in the hiring and firing processes of employees.
In order to help entrepreneurs better understand what is happening and prepare for the changes that are coming, we have developed a series of articles on labor reform. In this article, we will address the aspects that should be taken into account when hiring new employees. Check it out:
Longer working hours
The daily working day may be 12 hours with 36 hours of rest, respecting the limit of 44 hours per week (or 48 hours, with overtime) and 220 hours per month. Depending on your activity, you may even expect working hours with different workloads, varying according to the company's demand.
Intermittent work
Under the old rule, work was continuous, meaning that wages were paid based on the 30-day period worked. In intermittent work, the new legislation allows employees to be paid by the day or day. This applies to activities that are not continuous. The new law also provides for proportional payment of vacations, FGTS, 13th salary and social security contributions.
Remote work
According to the Brazilian Society of Telework and Teleactivities, 37% of companies in the country are already adopting home office . And an interesting point of the Labor Reform is that it regulates this type of work, providing companies with greater control over what is produced outside the company. In the new legislation, remote work is addressed by an individual contract, specifying the activities to be developed.
Negotiations
Collective agreements and conventions may prevail over legislation. Thus, unions and companies may negotiate working conditions that differ from those provided for by law. In negotiations regarding salary or working hours reductions, there must be a clause providing for the protection of employees against dismissal during the term of the agreement. These agreements do not need to provide for compensation for a negotiated item.
Individualized free negotiation agreements for employees with higher education and a monthly salary equal to or greater than twice the maximum limit of INSS benefits (R$5,531.31) will prevail over the collective agreement.
Vacation
The 30-day vacation, which could be divided into up to two periods, one of which could not be less than 10 days, can now be divided into up to three periods, through negotiation, one of which cannot be less than 14 consecutive days and the others cannot be less than 5 consecutive days each.
Time in the company
Activities within the company such as rest, study, eating, interaction cpa mailing lists between colleagues, personal hygiene and changing uniforms are not considered within the working day.
Remuneration
Payment of the minimum wage or floor is no longer mandatory in production-based remuneration. In addition, workers and companies will be able to negotiate all forms of remuneration, which do not need to be part of the salary.
Job and salary plans
Under the old legislation, job and salary plans needed to be approved by the Ministry of Labor and included in the employment contract. Now, the career plan can be negotiated between employers and employees, without the need for approval or registration in a contract, and can be changed constantly.
Pregnancy
Pregnant or breastfeeding women were previously prohibited from working in places with unhealthy conditions. Currently, women are allowed to work in these environments, as long as the company presents a medical certificate guaranteeing that there is no risk to the baby or the mother. Women who are fired have up to 30 days to inform the company about their pregnancy.
annual leave
It was permitted for excess hours worked on one working day to be compensated on another, as long as they did not exceed the sum of the scheduled weekly working hours over a maximum period of one year. Now, the time bank can be agreed upon by individual written agreement, as long as the compensation for working hours occurs within a maximum period of six months or within the same month.
Knowing about these changes allows the entrepreneur to negotiate intelligently when hiring an employee. With the labor changes, the entrepreneur will have greater flexibility to negotiate rules that produce benefits for the company itself and for the employees.