Last week the Brazilian Government announced state of calamity given the increase in COVID-19 cases in Brazil. Several governmental branches (at Federal, State and Municipal levels) have adopted legal measures to deal with the pandemic and its consequences.
In this context, on March 22, 2020, the Federal Government issued Provisory Measure (MP) n. 927/2020 aiming at protecting jobs and employee’s incomes amidst this international crisis.
Please find below a summary of the key points of the Provisory Measure (MP):
- TEMPORARY TELEWORK DURING COVID-19 OUTBREAK: During the state of public calamity period, the employer can implement changes in connection with onsite work, thus instituting teleworking, remote working or other type of distance working. This change must be communicated to the employee at least 48 hours in advance.
- ANTECIPATION OF VACATION PERIOD: Vacation period can be brought forward, even if the employee acquisitive period has not fully elapsed. Please note that the period of leave cannot be less than 05 working days and the employees within the risk group of COVID-19 must be prioritized for leave.
- COLLECTIVE VACATIONS: The employer can grant collective vacations to its employees, notifying them in advance of, at least, 48 hours.
- USE AND ANTICIPATION OF HOLIDAYS: Employers will be able to anticipate the enjoyment of non-religious holidays.
- TIME OFF IN LIEU: The MP instituted a special regime for compensation of working hours, through a bank of hours, for compensation within 18 months after the end of the state of public calamity.
- SUSPENSION OF ADMINISTRATIVE REQUIREMENTS: Among other determinations, the MP suspended medical occupational examinations, except for dismissals. It also suspended periodic and occasional training of employees, which may be carried out remotely.
Finally, it is important to highlight that the MP states that cases of contamination by COVID-19 will not be considered occupational illness, except if there is proof of causation.
As previously mentioned, this communication is only intended to provide a summary of the main aspects of the MP. We remain available to answer any question or to provide further details on this new legislation.
Updated on March 24