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Federal Government issues Provisional Measure that regulates remote work

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On 03/25/2022, a Provisional Measure (MP) was edited, which regulates remote work (home office) in Brazil.

The signed Provisional Measure establishes:

  • the possibility of companies adopting the hybrid model, with on-site work prevailing over remote work or vice versa;
  • that attendance in the on-site environment for specific tasks, even if usual, does not mischaracterize remote work.
  • that workers with disabilities or with children up to four years old should have priority for telecommuting jobs.
  • as for the expenses of telecommuting employees, workers can be reimbursed for the expenses incurred, and companies are authorized to pay for extraordinary expenses (equipment, electricity, internet), and these amounts are not allowed to be deducted from the employee’s salary.
  • that the telecommuting employee may reside in a different place from where he/she was hired, including in another country, prevailing the application of Brazilian law.

In the text of the Provisional Measure, there is also innovation in the way remote work is hired, as the employee will be able to be hired per work day, production or duty. In the case of hiring per production, the chapter of the Consolidation of Labor Laws – CLT, which deals with the duration of work and which provides for the control of the work day, will not be applied. In the case of hiring per work day, the employer can control the employee’s schedule and, in this case, must pay for overtime if the regular work day is exceeded.

Written by Daniel Rangel, Senior Associate at Drummond Advisors