Brazil’s Provisional Measure (Medida Provisória/MP) 1.108/2022, which came into force on March 25, 2022, includes important information regarding teleworking. Stay tuned:
Telework and remote work:
● Telework can be predominantly remote or not, and attendance at a company's premises, even if on a regular basis, to carry out specific activities, does not detract from telework. Therefore, hybrid work remains authorized;
- Work in an optional location, in which employees choose where they want to work, has not been defined in this Provisional Measure;
- Control of the working hours of employees in telework has now become a general rule, except in cases where the employee provides services by production or by task, or has a position of trust;
- Within the controlled working hours, flexible working hours may be adjusted through individual agreements, and respecting legal intervals;
- The legislation, as well as the Conventions and Collective Agreements of the place where the company/employers are established, will apply to employees regardless of where they are teleworking;
- The employment contract must inform the remote location where the employee intends to telework, otherwise the employee will bear the expenses resulting from the return to face-to-face work;
- This labor legislation applies to the employment contracts of employees who are admitted within Brazil and choose to carry out telework outside the national territory;
- Employees with disabilities and/or who have a son/daughter or a child in their judicial custody of up to 4 years of age have preference in teleworking vacancies;
- Contractual amendments continue to be required for formalization of telework and for the possible return to face-to-face work.
The Provisional Measure was published on March 25, 2022, and possesses a 60-day validity term; this period can be automatically extended for another 60 days. Within this period, the Provisional Measure must be converted into law or lose its effectiveness.
