How companies should prepare for Home Office employees

Even with the boost to remote work, taking into account the pandemic, which was notoriously an important factor for this, and the changes on teleworking, due to the 2017 labor reform, there are still many doubts about this matter.

At the time of the pandemic, in which the number of people in telework situation, according to the Institute of Applied Economic Research (IPEA), was 8.2 million people[1], Provisional Measure No. 2022, which significantly modified the need for time registration, requiring registration by companies. However, after the period of validity of such measures, by the MP that was converted into Law No. 14.442/22, not all companies have adapted to the requirements for adapting to the home office, as required by labor compliance.

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Some relevant points to note:

• As for the control of working hours and overtime, due to MP 1,108, which was converted into Law No. 14,442/22, there is currently the obligation to register a point among employees in the telework regime. According to art. 62, III, of the CLT, only employees, in the telework regime, who provide service by production or task that are exempt from this obligation. It is observed, therefore, that there is a legal imposition regarding the adoption of point registration.

• Regarding the costs of the home office, in article 75-D of the CLT, it is observed that the “responsibility for the acquisition, maintenance or supply of technological equipment and the necessary and adequate infrastructure for the provision of remote work, as well as the reimbursement of expenses incurred by the employee, shall be provided for in a written contract”.

Therefore, it is necessary for companies to adopt compliance practices, adapting employment contracts to the legal requirement. For this, you must structure:

• A contractual amendment;

• An internal policy;

• A management system (compliance management);

• An individual or collective agreement between the parties.

In this way, your company will have more tools to regulate the Home Office and avoid possible labor liabilities.

If you have any questions about the subject, please contact our experts.

Written by Daniel Rangel and Júlia Soares

[1] PAIVA, Leticia. How has the Labor Court decided questions about the home office? JOTA, São Paulo, 03/07/2022.{}.

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