In July of this year, the text of the labor reform was approved by the Brazilian Senate. Many of the labor changes brought about by the reform revolve around the possibility of workers and companies negotiating collective agreements, even overriding what is provided for in the CLT (Consolidation of Labor Laws). The new rules are expected to come into effect in November (120 days after the sanction) and, in total, more than 100 points of the CLT will be changed.
Some of the changes are the overlapping of agreements between employees and employers with collective agreements, the adoption of a working day of up to 12 hours with compensation on other days, the division of vacations into three periods and the regulation of home office and outsourced work.
But, after all, what changes in the life of an entrepreneur with the revision of the CLT? In this series of texts, we seek to clarify the topic for small business owners and, in this article, we have selected some changes that SMEs will feel first-hand with the labor reform – including benefits and warnings. Check it out:
Content
Journey
Types of contract
Unions and representation
Overtime
Vacation
Outsourcing
How SMEs are affected by the new legislation
Journey
Part-time work
It is extended from 25 hours to 30 without overtime, or 26 hours with 6 hours of overtime, which reduces the difference between full-time and full-time work. This allows companies to hire employees to work for shorter hours, paying a lower salary.
Journey 12 x 36
The 12-hour workday followed by 36 hours of rest is already regulated cpa mailing lists in the health sector, for example, but can now be adopted in other categories, without the need for a collective agreement. This means that the practice gains legal certainty, without resulting in fines and compensation.
Read also: Reading time: THE IMPORTANCE OF BUSINESS COMMUNICATION FOR SMEs
Types of contract
Home office
Called “teleworking” by the legislation, it is now regulated. The reform provides legal certainty by defining standards that contracts must follow. However, rules regarding working hours, such as overtime, do not apply to home office.
Intermittent work
It provides for the provision of services for hours, days or months, without continuity. It formalizes the work of those who currently work as part-time workers, allowing the employee to have a signed employment contract with several companies. In the meantime, the company may pay the employee only for the time actually worked.
Self-employed
These workers may enter into a contract with a company to work exclusively and continuously, without establishing an employment relationship. For companies, this option ends up being cheaper than an employee with a formal employment contract, as it will be more difficult for the self-employed to prove an employment relationship.
Outsourced
Companies must offer outsourced workers the same food, transportation and medical care services offered to their employees.
Unions and representation
Union tax is no longer mandatory and will only be deducted from the salary of those who authorize it.
Overtime
The time bank can be negotiated individually, outside of the collective agreement. The rule allows professionals to negotiate directly when and how they prefer to compensate their overtime. This case-by-case negotiation allows agreements to be reached that suit the needs of employers and employees.