Find below the new rules for Home Office.

The Federal Government has issued two Temporary Measures (MPs) about home office. The text has been altered and some rules have been added for this model and are in effect. However, as they are parliamentary, the changes are valid for up to four months and will only come into effect if approved by Congress. The main change is the new rules for home offices, which include more information in a hybrid model, where workers go to the workplace at certain times but can also work from home, as well as recruit for production. The text also addresses issues related to labor legislation, such as food assistance and expectations of leave or worker benefits in case of public calamity.

According to the federal government, the measures aim to "adapt legislation to the needs of new forms of work, interpreting it during the pandemic," improving the legal security of remote work and optimizing the payment of food assistance.

Hybrid Regime

The government has slightly modified the definition of remote work in the Comprehensive Labor Law (CLT) to include an expression 'mainly or not' when referring to work outside the employer's premises, thus encompassing the hybrid regime that dominates the way. With this change, "telework or teleworking is considered the provision of services outside the employer's premises, primarily or without resorting to information and communication technologies, and because of its nature, it does not constitute 'external work'."

Still in this sense, the text establishes that even habitually working at the company's premises to perform certain specific activities that require attendance does not detract from the home office system. Another novelty is that interns and apprentices have been given legal permission to work remotely. It requires that "the provision of services in the form of telework or teleworking must be expressly included in the individual employment contract." Legislators have also stipulated that employers would need to prioritize granting remote work arrangements to employees with some type of disability or to children under four years of age under judicial custody.

Other measures related to home office

Congress members have determined that employees who work from home must comply with the law, as well as agreements and collective agreements, referring to the territorial basis on which an employee builds skills under a contract, even if they move to another state. The text also allows employees who do not live in Brazil but are still subject to Brazilian legislative decisions on the subject. With regard to the resumption of in-person work, if an employee chooses to work remotely outside of a contracted location, the MPs have determined that the employer is not responsible for the cost unless there is an agreement establishing such assistance. Still regarding the agreement, the text states that "individual agreements may specify the schedule and form of communication between employee and employer, provided that statutory rest periods are guaranteed."

If the employee has received equipment from the company to perform home office, including software, machines, and digital tools, the time of use outside working hours cannot be considered an on-call or readiness regime unless provided for in an individual or collective agreement.

So, now you know the new rules for Home Office?

Want to learn more about Monitoo and measure your employees' productivity? Access now www.monitoo.com.br or contact one of our consultants by clicking here.