Ordinance 373 and home office legislation

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Ordinance 373 and home office legislation

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More and more employers are embracing remote work, or home office, as it can bring many benefits to both the company and the employee, so knowing Portaria 373 is essential.

Companies can reduce costs infrastructure and save on the payment of transportation vouchers. The employee, in turn, gains greater flexibility in his journey, and avoids the wear and tear of locomotion to work.

However, some doubts also arose, such as the realization of the journey management of employees who are in the home office, for example. In the end, what the legislation says about this work format?

To answer these questions, TiqueTaque, in partnership with our blog, developed this text, where you will learn:

  • What the law says about the home office;
  • Alternative point control systems and Ordinance 373;
  • The importance of technology in the HR and DP sectors.

Check it out now!

What the law says about the home office

Labor laws change from time to time, as it is necessary to monitor the needs of workers in a current scenario. In this sense, in 2017 the Labor Reform he started to recognize remote work as legal, and defined some rules for its use.

For example, if the employee is hired or relocated to work in the home office, this must be specified in the employment contract itself. In addition, it is also necessary to include in the document information about the liability for work materials, whether the company will reimburse or provide any device, among others.

Read too: What is home office? [Guia completo]

The decision to hold the home office cannot be imposed by the employer, this must be done from a individual or collective agreement.

Another point addressed by the Labor Reform on remote work, is that the contract can be established so that, instead of controlling the employee's journey, attendance be defined from your deliveries. As such, extras such as overtime or hour bank are not used.

On the other hand, the company may need the employee to carry out his activity during his opening hours, even if remotely.

Therefore, when the schedule is stipulated, the need to make the correct remuneration of overtime, and monitor the annual leave so that it is compensated on time. However, online time, online communication applications or the use of software related to the employee's role is not legally valid.

In that case, an agreement must be made to use an alternative workday management system, which is regulated by Ordinance 373.

Note: MP 926/2021, which made the use of the home office more flexible, lost its validity on June 19, 2021.

Alternative point control systems and Ordinance 373

THE Ordinance 373 it was sanctioned in February 2011, with the objective of simplifying the management of working hours based on technology. Therefore, it regulates the alternative point control systems, such as registration by application, for example.

In this case, the alternative systems store the registration data in the cloud, which can be monitored in real time by the managers. Among the main benefits of digital point control, they are:

  • Monitoring of employees' journey information in real time, from anywhere with internet;
  • Increases the autonomy of employees on their records, providing information about their journey via the app;
  • Prevents tampering and data loss;
  • Automation of bank monitoring overtime and overtime.

In this sense, to ensure the quality of this data, the Ordinance establishes some rules that must be met by the point systems. In this way, the stored information starts to have legal validity. The rules are:

  • It is not allowed to restrict the employee's point record, for example if he was late;
  • Prior authorization should not be required of the employee to schedule additional hours, such as overtime and hour bank;
  • The system cannot make it possible to delete or change the record;
  • There can be no automatic marking in the check-in or check-out registers;
  • The employee needs to have access to his records, so that he has control of his journey and can use the vouchers legally, if necessary;
  • Adherence to Ordinance 373 depends on a collective agreement, that is, between the company and the union of the category of its workers.

please note that Ordinance 373 does not require homologation of the system. On the other hand, he must follow the stipulated guidelines and be always available for an inspection by a tax auditor.

The importance of technology in the HR and DP sectors

Many of the companies that adopt alternative time registration systems, seek to optimize their Human Resources and Personnel departments.

After all, it is very important to follow the employees' journey, ensuring that there is no overwork, or lack of hours, and ensure that salaries and bonuses are paid correctly.

Adopting an alternative management system, the information is shown from a system, in an automated way for the manager.

TiqueTaque, for example, offers the possibility to create several scales, control overtime and its values, and monitor the hour bank without missing compensation periods.

In addition, it is also possible to configure the need to confirm the employee's geolocation at the time of registration. And the employee, in turn, can access their vouchers directly through the app, since they are saved in a cloud system.

Now that you understand what Portaria 373 is and how it works, how about sharing this knowledge with friends on social networks?

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