Last Friday, 04/24, Ordinance nº 10.486/2020 issued by the Special Secretary of Social Security and Labor of the Ministry of Economy was published, which provides on the criteria and procedures regarding the receipt of information, concession and payment of the Emergency Benefit of Job and Income Maintenance, the so-called BEm.
The Ordinance came late, more than 20 days after the publication of Provisional Measure No. 936/2020, which established the Emergency Program for the Maintenance of Employment and Income, as well as about 15 days after the availability of the system for communication of individual and collective agreements to the Ministry of Economy.
In order to qualify the employee to receive the BEm, the companies will have 10 days as of the publication of the Ordinance to communicate to the Ministry of Economy the accomplishment of the agreement before its effectiveness. Moreover, the agreements informed up to the effective date of the Directive in disagreement with its provisions must be regularized within 15 days (the employer will be notified to fulfill the requirements). Both the qualification and the regularization must be made in the portal made available by the government(https://servicos.mte.gov.br/bem).
The Ordinance establishes that the BEm will be paid regardless of compliance with any vesting period, length of employment relationship and number of wages received.
However, the BEm will only be paid to employees with an employment contract started by April 1, 2020 and reported in e-social by April 2, 2020.
BEm will not be due to employees who are not subject to working hours control and to those who receive variable remuneration, if the maintenance of the same level of productivity requirements or effective performance of the work existing during the provision of service in the period prior to the reduction is verified.
The following should be included in the information of the agreements by the employer to the Ministry of Economy:
I - employer's registration number (CNPJ, CEI or CNO);
II - the employee's hiring date;
III - the employee's CPF enrollment number
IV - the employee's PIS/PASEP enrollment number
V - name of the employee
VI - name of the employee's mother
VII - date of birth of the employee
VIII - salaries for the last three months;
IX - type of agreement entered into: temporary suspension of the contract, proportional reduction in working hours and salary or a combination of both
IX - the type of agreement entered into: temporary suspension of the contract, proportional reduction in working hours and salary or a combination of both
X - the start date and duration of each agreed period of reduction or suspension
XI - percentage of reduction of the working hours for each period of the agreement, if the type of agreement is reduction of working hours
XII - should the employee have a bank account, the data necessary for payment: bank number, branch number, current account number and type of account; and
XIII - in the case of a legal entity, if its turnover is greater than R$ 4,800,000 (four million, eight hundred thousand reais).
For further information, the Labor Team of our firm is available at [email protected], [email protected] and [email protected]
