The Senate approved the Bill that changes the payment of food aid and telecommuting

On 08/03/2022, after approval by the Chamber of Deputies, the Senate approved the Conversion Bill # 21 of 2022. This project comes from Provisional Measure #1,108/2022 which provides for the payment of food aid and brings changes in teleworking. The text is pending presidential sanction.

With regard to teleworking changes, we highlight some relevant points for companies:

* It defined telework or remote work as the provision of services outside the employer’s premises, with the use of technologies, predominantly or not.

* It specified that the employee’s attendance, even if on a regular basis, at the employer’s premises, does not detract from the teleworking or remote work regime.

* It made it clear that: (i) the services by shift, production, and task can be performed on a telework basis and, with the exception of the shift control, employees under a telework regime who provide services by production or task; (ii) the use of the technological tools provided for teleworking outside the employee’s normal working hours does not constitute time available, readiness, or on-call regime, unless provided for in an individual agreement or in the Collective Agreement; and (iii) the telework or remote work regime can be applied to apprentices and interns.

* It determined that: (i) the local legislation, the Collective Agreements, and Conventions referring to the territorial base of the employee’s capacity establishment be applied in the work regime; and (ii) the employee hired in Brazil, working abroad, Brazilian legislation applies, except for the legal provisions and any contrary provision stipulated between the parties.

* It allowed the employee and employer to have timetables and means of communication, ensuring legal rest periods.

* It determined that it must be stated in the individual employment contract that the service will be provided in the form of telework.

* It regulated that the employer will not be responsible for the expenses of returning to work in person, when the employee performs the work outside the place provided for in the employment contract, but it left the possibility for the parties to negotiate this issue.

* It stated that telecommuting or remote work will be given priority to employees with disabilities and employees with children or children under judicial custody for up to four years of age.