It was published yesterday, 03/22/2020, in an extra edition of the Official Gazette, the Provisional Measure no. 927/2020, which provides on the labor measures to face the state of public calamity recognized by the Legislative Decree no. 6, of March 20, 2020.
The Provisional Measure gives force to the individual agreement in preponderance to the other normative, legal and negotiating instruments, waives formalities and shortens communication deadlines in face of the emergency of the situation.
Considering the delay in the conversion of the announced "Anti-unemployment Bill" into a Provisional Measure, it validates all acts already adopted by employers on account of the public calamity, provided they are not contrary to the provisions contained in the MP.
Thus, during the period of public calamity, which, according to the Legislative Decree has a maximum term of 120 days, and may still be extended with the authorization of the National Congress, employers may adopt the following measures:
- Telework:
The individual contracts with provision of services in person may be changed to telework at the discretion of the employer, and the employees must be notified of the change in writing or by e-mail, 48 hours in advance.
In the contract amendment there should be a provision on the responsibility for the acquisition, supply, maintenance of technological equipment and infrastructure necessary for the realization of telework.
The employer may offer the equipment through a loan agreement, which will not have a salary nature.
The time when the employee is accessing the company's systems and applications remotely shall not be considered as time at the employer's disposal, standby or on call.
Interns and apprentices can also provide service remotely.
- Anticipation of holidays:
Employees' leave may be brought forward provided that the employee is notified in writing or by e-mail at least 48 hours in advance. It is not necessary for the employee to have completed the vacation period.
Employees who fall into the risk group must have priority in bringing forward their leave.
The payment of the holiday bonus (1/3) can be postponed until December 20 of this year.
On the other hand, health care and other essential services professionals may have their leave suspended at the employer's discretion.
- Collective leave:
In order for employers to grant collective vacation to all employees or only to a group of them, it is only necessary that the employees be informed, in writing or by e-mail, at least 48 hours in advance, the communication to the Ministry of Economy being dispensed with.
- Anticipation of holidays:
The employer may consider the days not worked as anticipation of non-religious holidays, provided that the employee is notified, in writing or by e-mail, at least 48 hours in advance, specifying which holiday is being anticipated.
It is also possible to anticipate religious holidays, but for this it is necessary that the employee agrees with such anticipation. Remember that the agreement must be free and spontaneous, and the employee may not suffer any kind of retaliation in case he/she does not agree with the anticipation.
- Hour bank:
It is allowed that the days not worked can be compensated by performing two hours of overtime daily in the next 18 months after the end of the period of public calamity.
- Suspension of administrative requirements in occupational safety and health:
The requirements to carry out occupational, clinical and complementary medical examinations are suspended during the disaster period.
On the other hand, a resignation examination remains mandatory.
Periodic trainings are also suspended.
Companies should maintain internal accident prevention committees, which should also take care of preventive measures to avoid transmission of coronavirus within the company.
- Suspension of the employment contract to attend courses:
The employment contract may be suspended for a period of up to 4 months for the employee to participate in non face-to-face professional qualification courses or programs offered by the employer, directly or through entities responsible for qualification.
The suspension may be agreed upon with the employee and will be recorded in the work card.
During the period of suspension, the employer may give the employee a daily allowance, which will not have a salary nature. The employer may also offer other benefits that will not be part of the employment contract.
If the course or qualification program is not offered during the suspension period, the company must pay all wages, plus a fine.
- Deferred payment of FGTS:
The MP also suspended the payment of the FGTS of competence of March, April and May 2020.
The payment of this period may be paid in up to 6 months from July 2020, without monetary restatement, interest or fine.
For further information, our firm's labor team is available at [email protected], [email protected] and [email protected]
