MP 927/20 - Learn about its main aspects here

Below is a brief summary of the most relevant points of Provisional Measure, MP 927/20, which needs approval from Congress to become law.

Shortly after its publication, President Jair Bolsonaro ordered the revocation of Article 18 of the MP, which provided for the suspension of employment contracts for 4 months without pay.

In summary, the article referred to qualification courses that the employee could take during this period, and for this, the employer could pay an allowance, which was not a salary.

However, the text did not make it clear what the amount would be, as it would be freely agreed upon between the parties.

INDIVIDUAL AGREEMENT

According to Article 2 of MP 927/20, employees and employers may enter into an individual agreement that will prevail over the CLT.

TELEWORK

The employer may determine telework, home office, and other means of remote work, with a 48-hour notice to the employee, regardless of the existence of a collective agreement or negotiation in this regard.

NOTE: Expenses related to the acquisition, maintenance, provision of equipment, and reimbursement of expenses for performing this work will be provided for in a written contract in advance or within 30 days from the change of the work regime.

INDIVIDUAL VACATIONS - MP 927/20

The employer may, during the state of calamity, notify the employee 48 hours in advance about the anticipation of their vacation.

The vacation period cannot be less than 5 days and can be granted even if the acquisition period has not yet elapsed.

The anticipation of future vacations may be negotiated. For example: the employee takes 2 months of vacation and will not take vacation for the next two years.

Health professionals or those performing essential functions may have their vacations suspended during the state of calamity, with prior notice of 48 hours.

The additional 1/3 of the vacation may be paid together with the 13th salary (by December 20).

The payment for vacations granted during this period may be made by the 5th business day of the month following the start of the vacation, along with the remuneration and no longer two days before the vacation is taken.

Employees who fall into risk groups should be prioritized.

COLLECTIVE VACATIONS

Under MP 927/20, communication to the bodies (unions and the Ministry of Economy) is waived. The communication of vacations granted at the employer's discretion will be made within 48 hours (previously it was 15 days).

It may be for a period of less than 10 days, unlike the CLT.

HOLIDAYS

The employer may anticipate non-religious holidays, whether federal, state, municipal, or district, with prior notification of 48 hours to the benefiting employees, describing the respective holidays covered.

For religious holidays, the employee must agree.

For non-religious holidays, it may occur the use of the hour bank.

HOUR BANK UNDER MP 927/20

During the state of calamity, a special hour bank regime may be established, which may be compensated within 18 months after the end of the state of calamity, through a formal collective or individual agreement.

This means that the employee receives even without working, and when they return, they may work overtime without being paid for it (since they have already received).

FGTS

Suspension of the collection regarding the months of March, April, and May 2020, which may still be paid in installments, without the incidence of updates and fines.

NOTE: In case of dismissal, the employer must advance the installments, even if they are in installments, in favor of the employee.

12X36 SHIFT

Professionals on a 12x36 shift and those in unhealthy activities may work overtime through a written individual agreement during the state of calamity (imperative necessity, according to Article 61 of the CLT).

COVID-19

Will not be considered an occupational disease, depending on proof of the causal link by the employee.

EXPIRED OR EXPIRING COLLECTIVE NEGOTIATIONS

Collective agreements and conventions that expire or are expiring within 180 days after the entry into force of the MP may be extended for an additional 90 days, at the employer's discretion.

ADMINISTRATIVE RESOURCES AND DEFENSES

Its deadline is suspended for 180 days from the entry into force of the MP.

OCCUPATIONAL MEDICAL EXAMS

Are waived, but dismissal exams must be maintained.

Text prepared by: Ane Caroline de Azeredo Moreschi – OAB 33.487/ES

ANE CAROLINE DE AZEREDO MORESCHI

Archivist and lawyer OAB/ES 33.487 working in the legal field for 4 years.

Married to Agricultural Consultant Thiago Henrique Dias Moreschi

Part of the team of KF - KÁSSIA FERRAZ ASSESSORIA E CONSULTORIA JURÍDICA