Alerts
Conversion of the Executive Order 1,108 to Law no. 14,442/2022 – Alterations of the telework regime and meal vouchers rules
Conversion of the Executive Order 1,108 to Law no. 14,442/2022 – Alterations of the telework regime and meal vouchers rules.
Further to our August 3rd, 2022 alert, we inform that the Federal Law No. 14,442/2022 was enact yesterday (Sept. 5th), as a result of the of Executive Order 1,108.
The president vetoed provisions regarding (a) the possibility of withdrawal the meal vouchers balance after a 60-day period and (b) transfer of the residual balance of union dues to union centrals (Centrais Sindicais).
Nonetheless, new provisions on teleworking and the treatment of meal vouchers were maintained. Please find below a summary of the legislative changes now in effect:
Telework:
– The exception of working hours control will only be applicable to teleworking employees who provide service by production or task, excluding the general rule that all remote work employees would be considered exempt.
– Employees attendance at the employer’s premises, even if on a regular basis, do not exclude the recognition of a teleworking regime;
– Prohibition of comparison of the teleworking regime with the regime of telemarketing or teleservice operators.
– Permission to apply the telework regime for apprentices and interns.
– Employees on telework regime will be subject to the collective bargaining agreements applicable to the employer’s office on which the employee is registered, regardless of the employee residency location.
– Brazilian employment legislation will be applicable for employees hired in Brazil under a telework regime who decide to work abroad, with exception of the Brazilian expat legislation (Law No. 7.064/82).
– Employers will not be liable for employees’ expenses arising from the return to presential work (including moving expenses) if the employee chooses to carry out his/her activities outside the employer’s territorial base.
– Mandatory prioritization of the allocation of employees with disabilities and employees with children or responsible for children under judicial custody up to four years of age for positions in telework regime.
Meal Vouchers:
– Mandatory use of amounts paid as meal vouchers for the payment of meals or food articles in commercial establishments;
– Legal entities hired to provide the meal vouchers cannot grant the contracting party discounts on the contracted amount, transfer or payment terms that detract from the pre-paid nature of the meal voucher and other direct or indirect benefits of any nature, not directly linked to the promotion of workers’ health and food safety;
We will continue to follow the legislative progress reporting its developments.