Yesterday, 03/22/2020, the provisional measure 927 was published, which deals with labor measures (flexibility) to confront the state of public calamity due to coronavirus (Covid-19). The main objective of the measure is the maintenance of employment contracts.
The initial term of validity of an MP is 60 days and is automatically extended for the same period if you do not have your vote completed in the camera and the Senate. The legal effects are immediate, but depends on the approval of the Congress to be converted by law.
Post the introduction, the main points of MP 927/20 are as follows:
applicable only during the calamity state recognized by Decree 6/2020;
telecommuting without the need for individual or collective agreement. Notification 48 hours in advance;
Telework, remote work or distance work is dispensed with point control by MP period;
Up to 30 days to conclude written contract predicting responsibility for the acquisition, supply and maintenance of equipment and infrastructure required for telecommuting;
Anticipation of individual holidays, even without the procurement of the purchase period, by notice at 48 hours in advance. The priority will be workers belonging to the risk group;
Possibility of payment from vacation to the fifth business day of the month subsequent to the beginning of enjoyment and third of vacation until the date of payment of the 13th salary;
Collective holidays with prior notification with at least 48h in advance, with regard to communication to the professional union and the local body of the Ministry of Economy;
Possibility of use and anticipation of holidays;
Bank of payable hours within 18 months counted from the end of the public calamity state;
suspended the obligation of occupational examinations except demissionation (if it has been carried out more than 180 days);
Suspended the requirements of the FGTS referring to the months of March, April and May 2020, whose payment may be installed from July 2020;
Convalidation of labor measures adopted by employers within 30 days prior to the entry into force of the MP, provided they are not contrary to the measure.
Notwithstanding this information, considering the transience of situations of the period, it is appropriate from already raising doubt on how the implementation of the measures contained in MP 927/2020 will be treated / interpreted by the judiciary if not convalidated by law.
The Carpena Lawyers team is available for debate and for the analysis of the possibilities that are presented in this context of uncertainties for the labor market.
