New labor law: What does my company need to know?

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New labor law: What does my company need to know?

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The Consolidation of Labor Laws (CLT) was enacted in 1943 to balance positions between people in their labor relations. The country was going through a development phase, in which the number of workers was constantly growing and their demands were also growing.

It was in this scenario that CLT emerged to guarantee the first rights for workers. However, several laws emerged later to guarantee benefits, such as the Thirteenth, weekly paid rest and other achievements that still exist today.

But, today we have experienced new models of work appearing in a totally different market, in which many of the labor laws do not fit. Some of them are not able to keep up with all the social and economic changes in the current scenario in which we live, and are not able to serve all sectors of the economy, which started to demand new measures.

As in most cases, the transformation in labor laws was driven by moments of tension involving workers, government and large corporations, which has generated great questions and even rejection by many workers, who fear that these changes will result in precarious work. .

But, after all, what has changed? What are the benefits for workers? Below is a detailed explanation of the new laws and their changes and how to explain them to your company employees:

It is essential that HR is aware of the changes proposed by the project approved for the CLT, as the labor reform has already started to take effect and the new standards are referring to both the new employment contracts signed and those that are already in force.

Several important issues have undergone changes, such as employee vacations, workday, remuneration and career path. In addition, from now on, two other types of work have been regulated, the first being the intermittent, per day or hour of work and the second the home office, which can be proposed by the employer to the employee and, in case of agreement, the option must be regulated in the contract.

9 major changes in labor reform

The changes will affect and change in more than 100 articles of the CLT created in 1943, among which some deserve special mention. Check out:

1 – Collective agreements

From now on, the agreements signed between a company and its employee are worth more than the current legislation, so the CLT will allow the negotiation of several issues, such as vacations, wages, working hours, etc.

The approved text allows agreements between unions and companies to have more force of law for different items, so collective agreements will prevail over legislation, including for intermittent work and home office models.

2 – Workday

It will also be possible to negotiate the worked hours, as long as they do not exceed constitutional limits (The current standard is 8 hours per day and cannot exceed the maximum weekly workload of 44 hours).

The working day may be 12 hours a day, with 36 hours of rest, but the maximum limit of 44 hours per week remains.

3 – Overtime

From the new agreement, employees and bosses will be able to negotiate directly workload, as long as they do not exceed the maximum permissible load. So, if there is an agreement between the two parties, the 12-hour day can happen, provided it is accompanied by the 36 hours of rest.

4 – Guaranteed rights

Some of main worker rights cannot be changed or negotiated, such as the FGTS payment, the minimum wage, the 13th payment, the unemployment insurance, paid weekly rest, in addition to the basic health, hygiene and safety standards required by law.

In addition, the rules of the Ministry of Labor that guarantee retirement, family allowance, maternity leave and paternity they also remain the right of workers.

5 – Holidays

The rest time granted to employees continues to be 30 days a year and, now, they can be divided into up to three periods, previously the division could only be twice, and the smallest could not be less than 10 days.

Now, as long as there is an agreement between the employees and their bosses, it will be possible to split them up to three periods. However, one cannot be less than 14 days and the other two must have more than five calendar days each. In addition, it will not be possible to start the vacation two days before any holiday or weekly paid rest.

6 – Holidays

It will be possible to change the day off holiday. For example, when a holiday falls on Tuesday or Thursday, it can be changed to Monday or Friday, respectively. Thus, it can be amended with paid weekly rest without having a “hanged” day.

7 – Temporary contract

The rules for temporary work extended the contract time to 180 days, consecutive or not, with the possibility of being extended for another 90 days. To carry out this expansion, it will be necessary to request permission from the Ministry of Labor.

In the case of temporary work, workers will have the same rights as CLT workers, that is, they will be able to count on equivalent wages employees of the same category, will receive FGTS, will be able to work overtime, additional and other hours.

In addition, this working time will also count towards retirement. The big difference in this type of contract is precisely the existence of a deadline for the end of the service provision, in addition to not receiving the severance pay for unfair dismissal when the professional finishes his work.

8 – Partial work regime

After the reform, the contracts may be for hours with a work limit of up to 30 hours, without the possibility that the day will be extended. For those who work for up to 26 hours, up to 6 overtime hours will be allowed, paid with an increase of 50%.

9 – Outsourcing of work

One of the main measures that boosted labor reform was the regulation of outsourcing work. Now, all the activities of a company can be outsourced.

Before the renovation, only middle activities, that is, those that were not considered the main company, such as cleaning, security and technical support services, were allowed to be carried out by external companies.

With the new agreement, the outsourced employee will only be able to collect payment of labor rights from the contracting company when all the collection resources against the outsourced company have been exhausted.

The new measures in outsourcing make it possible to increase the productivity of companies, reduce expenses, and make contracting more flexible. In addition, it will be possible to guarantee better working conditions for professionals and greater protection for outsourced employees.

The changes and better working conditions allowed with the relaxation of labor laws do not stop there, there are several other measures that must be known by the HR team of your company. Check out other information on here.

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