How does the new Labor Law work? Everything the boss needs to know

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How does the new Labor Law work?  Everything the boss needs to know

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In 2017, a major reform of UK residents labor legislation was sanctioned. But how does the new labor law work? What are the main changes? What should I change in my company's routine?

Keep reading and understand.

The new labor law: how it works and what to expect

Feared by some, expected by others, it has promoted significant changes in the work routine of employees and employers, and the need to pay attention to such changes is not only a matter of updating, but it is mainly a matter of responsibility.

In general, it must be said that the new regulation is more flexible, such as holidays, which can now be divided into up to three periods, and the institutionalization of friendly agreements for employee departure.

See also: New vacation model in labor reform – is my company ready?

One of the most relevant changes it concerns the entry of labor lawsuits in the Labor Court. If, before the reform, the worker who lost the action was a beneficiary of free justice – he / she is entitled to the exemption from costs and other expenses arising from the process – he / she would not be responsible for the payment of expert fees carried out in the course of the action. It was up to the Union to bear such an expense. Currently, after retirement, the employee must pay it if he loses the action, even though he is assisted by the benefits of free justice.

In addition, the employee must also pay attorney's fees if he or she succumbs to the labor lawsuit. In the previous law, the employee hardly paid any expenses.

This caused the entry of new lawsuits in the Labor Court to decrease by approximately 38%, according to data from the National Council of Justice CNJ.

That is, at the same time that the new labor law created obstacles to entry into the judiciary, attempts to reduce actions that aim at illicit enrichment, that are impregnated in bad faith or that have no legal basis.

The news is many, but there are highlights that the employer cannot fail to know, and on the main topics, we highlight the most important on the functioning of the new labor law.

See also: Pension reform – Who will be affected by the changes?

1) Intermittent work in the new labor legislation

Previously regulated only by Provisional Measure, intermittent work has now been confirmed in the text of the Consolidation of Labor Laws, in its art. 443, paragraph 3.

Like any other employment contract, the intermittent employment contract is one that provides that the provision of services must be carried out from the subordination institute between employer and employee. However, here we can no longer talk about continuity, given that the intermittency materializes in periods of service provision and periods of inactivity.

Effective work activity can be computed in hours, days, weeks or months, regardless of the activity carried out by the employer.

It should be stressed that the intermittent worker is only entitled to the payment of the hours worked, plus all the labor rights inherent in any employment contract. Therefore, the employee is entitled to:

  • due remuneration,
  • proportional holidays with an increase of 1/3,
  • paid weekly rest,
  • additional legal fees (such as unhealthy work, overtime, among others),
  • thirteen first salary,
  • FGTS and contribution to the EHIC whose payment is borne by the employer and requires the presentation of proof of completion of the operation

A highlight refers to the fact that the remuneration due to the worker who works under the commands of an intermittent employment contract must be paid at the end of the service provided, plus other labor costs.

The value of the hour worked cannot be less than the hourly value of the minimum wage or the salary due to the other employees who perform the same function.

The employer must summon the employee at least three calendar days in advance and, at the time of the summons, the employer must inform him about the workday, which cannot exceed eight hours a day or forty-four hours a week.

The worker is guaranteed a period of one working day to answer the call and his silence implies a presumption of refusal to provide services.

See also: Impacts of labor reform: Banco de Horas

2) Collective agreements have the force of law

If before the reform, the legislation overrode any agreement between employee and employer, now the collective agreements make law between the parties to the Labor Reform.

In the previous legal system, there was no provision for negotiation and when it materialized, it was often brought to the attention of the Judiciary, which could consider it invalid if it considered it harmful to one of the parties, especially the employee.

In the current rules, what is negotiated is valid over what is legislated in relation to the most varied themes.

For example, the provisions for working hours, the intra-day break (respecting the minimum limit of thirty minutes for hours exceeding six hours), job plans, salaries and functions compatible with the employee's personal condition, as well as job identification that fit as functions of trust, remuneration for productivity and individual performance, exchange of the day of the holiday, participation in the profits and results of the company, among others.

Individual agreements on these issues are now also legitimate. In order for the employee to be able to transact individually, he must carry a higher education diploma and receive a monthly salary equal to or higher than twice the ceiling of the benefits of the General Social Security System.

Finally, it should be noted that friendly agreements for employee departure have been standardized. Also called consensual dismissal, termination by agreement can be either the initiative of the company or the employee, and neither is compelled to comply with it.

If both converge, the new law establishes that the fine to be paid by the employer is 20%, which will be due to the employee half of the advance notice, if indemnified, and that the employee will be entitled to 80% of the FGTS balance. In addition, the termination of the employment contract by agreement does not authorize entry into the Unemployment Insurance Program.

3) How the new labor law works in relation to teleworking or teleworking

O Teleworking in Labor Reform it is surrounded by changes. It is called teleworker, the employee who provides services most of the time at home or in a place other than the employer's establishment.

It communicates through the most varied technologies, such as e-mail, WhatsApp, telephone, among others.

Teleworking, however, does not constitute external work. In fact, it must be said that the employee's attendance at the employer's premises to practice specific activities that require his presence, does not mischaracterize the concept of teleworking. The employment relationship exists and is now recognized legally.

Teleworkers are excluded from working hours of a maximum of 8 hours per day and 44 hours per week, as they work their own hours. In addition, it is not entitled to overtime, breaks and nightly premiums.

The law also stipulates that on-site employees may be switched to telecommuting as long as both parties, employee and employer, agree, and as long as the agreement is in writing in a contractual amendment.

Changing the teleworking regime to face-to-face is also feasible, provided that the employer grants a minimum period of 15 days for the worker to proceed with the transfer, and as long as there is the corresponding registration in a contractual amendment.

The responsibility for the acquisition of telework equipment and infrastructure will be provided for in a written contract. Thus, there may be a provision in the sense that the employee is responsible for the purchase of the necessary resources for the development of his work, and may or may not be reimbursed for these expenses, according to the contractual provision.

These three points are the ones that deserve more emphasis in relation to the new functioning of the labor law.

This article was written by SAJ ADV, a system for legal control for integrated management and law firm organization, procedural monitoring and managing the client portfolio.

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