EHSxTech Update: Brazil Home Office Legislation 12-12-17
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Antea Group experts walk you through new Brazilian labor reform and its Implications for work at home/ home office employees. From a December 2017 webinar. For more information, go to https://us.anteagroup.com/en-us/ehsxtech.
EHSxTech Update: Brazil Home Office Legislation 12-12-17
- 4. Context EHSxTech Webinar – December 2017 3 Brazil has approved significant changes in the Brazilian Labor Law The new rules are likely to impact the relationship between employers and employees in a number of ways Very important changes have been made in legislation regarding the home office Due to the country’s size and distribution of economic activities, a number of sectors employ people to work in a home office
- 5. Definitions EHSxTech Webinar – December 2017 4 Reference: http://www.planalto.gov.br/ccivil_03/_ato20 15‐2018/2017/lei/L13467.htm CLT – Consolidation of Labor Laws NR – Regulatory Standards Teletrabalho – Activities in a Home Office Trabalho Externo – Work that is performed outside the premises of the company (for example: telephone installers, drivers and bus collectors, bin men, etc.); does not fit this law
- 6. Art. 75‐A The provision of services by the employee on a home office basis shall comply with the provisions of this Chapter Art. 75‐B Home Office is considered to be the provision of services predominantly outside the employer’s premises, with the use of information and communication technologies which, by their nature, do not constitute external work Law for Labor Reform in Home Office EHSxTech Webinar – December 2017 5 A n a l y s i s : This law applies only to employees who work in a Home Office, using information and communication technologies. It does not apply to outside work activities, which in turn, are naturally performed outside the company premises.
- 7. Law for Labor Reform in Home Office EHSxTech Webinar – December 2017 6 A n a l y s i s : The Home Office requires the annotation of your work contract. Each company should develop models specific to the needs of each employee‐employer relationship, because it is the employment contract that will establish various nuances and details of the employment relationship, guaranteeing all labor rights. Art. 75‐C The provision of Home Office Services must be expressly included in the individual work contract, which will specify the activities that will be performed by the employee Paragraph 1 The change between face‐to‐face and home office arrangements may be made provided there is mutual agreement between the parties, recorded in a contractual addendum Paragraph 2 The Home Office Regime may be changed to face‐to‐face by determination of the employer, guaranteed a minimum transition period of fifteen days, with corresponding registration in a contractual addendum
- 8. Law for Labor Reform in Home Office EHSxTech Webinar – December 2017 7 A n a l y s i s : The work contract must specify the responsibility of providing resources for the execution of activities, both technological resources and the infrastructure necessary to perform work, without being part of the condition that defines the employee’s salary. Art. 75‐D Provisions relating to the responsibility for the acquisition, maintenance and/or supply of technological requirements and the infrastructure necessary and adequate to the provision of remote work, as well as the reimbursement of expenses incurred by the employee, shall be provided for in a written contract Single Paragraph The utilities mentioned in this article are not part of the employee’s compensation
- 9. Law for Labor Reform in Home Office EHSxTech Webinar – December 2017 8 A n a l y s i s : It is the responsibility of the employer to effectively educate employees on the health and safety of work at the Home Office and ensure compliance. Art. 75‐E The employer should instruct the employees, in an explicit and unambiguous manner, about the precautions to be taken in order to avoid work‐ related illnesses and accidents Single Paragraph The employee shall sign a statement of responsibility to follow the instructions provided by the employer
- 10. Formalize the work contract for Home Office Recommend that the company provide or require infrastructure for the employee to perform his or her work in an ergonomically correct manner Understand the different working conditions of your home employees and provide information and signage for emergency procedures and contacts 9 General Analysis For Company Responsibility in Occupational Health and Safety in Home Office Jobs EHSxTech Webinar – December 2017