Ordinance 373 and legislation on home office

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Ordinance 373 and legislation on home office

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

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

However, there were also some doubts, such as the realization of the journey management of employees who are in the home office, for example. In the end, what does the legislation say about this working 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 time attendance 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 keep up with the needs of workers in a current scenario. In this sense, in 2017 the Labor Reform 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 a 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 responsibility for work materials, whether the company will reimburse or provide any devices, among others.

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

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

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

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

Thus, when the time is stipulated, the need to make the correct remuneration of the overtime, and follow 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 have no legal validity.

In this case, an agreement must be reached to use an alternative system for managing the journey, which is regulated by Ordinance 373.

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

Alternative Time Attendance Systems and Ordinance 373

THE Ordinance 373 was sanctioned in February 2011, with the objective of simplifying the journey management using technology. Therefore, it regulates the alternative time 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 time attendance, they are:

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

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

  • It is not allowed to restrict the employee's time recording, for example if he or she arrived late;
  • The employee should not require prior authorization to schedule additional hours, such as overtime and bank hours;
  • The system cannot allow the deletion or alteration of the record;
  • There can be no automatic marking on check-in or check-out records;
  • The employee needs to have access to their records, so that they have control over their journey and can legally use the receipts, 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 approval of the system. On the other hand, he must follow the stipulated guidelines and always be 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 systems of time and attendance, seek to optimize their Human Resources department and Personnel Department.

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

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 of creating several schedules, controlling overtime hours and their values, and monitoring the bank of hours without losing compensation deadlines.

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

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


HR Consultant UK can help if you have any questions about Ordinance 373 and legislation on home office
. Our HR consultant in London can assist you if you live in London. Suppose you live further afield thats not an issue! Visit our HR Consultants Near Me page to find the best consultancy nearest to you.
See you next time!



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