Littler Global Guide - Brazil - Q3 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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New Law Regulating Telework and Granting Food Aid

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Partner – Chiode Minicucci | Littler, and Renata Neeser, Shareholder – Littler

Newly enacted Law # 14,442/2022, published on September 5, 2022, regulates teleworking and grants food aid to employees. Under the law, teleworking employees who render services under the “working period” modality are subject to time tracking; companies can adopt teleworking for interns and apprentices; when assigning activities that can be carried out through telework, companies must give priority to employees with disabilities and employees with children (or who have judicial custody of children four years old or younger); and employees who are hired in Brazil but choose to work abroad are subject to Brazilian law (except for Law # 7,064/1982), unless the parties agree otherwise.

Further, the law grants food aid, providing that the amounts the companies pay must be used exclusively for the payment of meals or edible goods in establishments (e.g., restaurants, supermarkets, etc.) and provides for civil penalties (such as cancelation of taxpayer registrations) and fines (ranging from BRL 5,000.00 to BRL 50,000.00, or doubled, in case of recidivism) in the event of a deviation of said purposes.

New Law Sets Compliance Deadline to Implement Anti-Sexual Harassment Measures and Creates “Employ + Women” Program

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Partner – Chiode Minicucci | Littler, and Renata Neeser, Shareholder – Littler

Newly enacted Law # 14,457/2022, published on September 22, 2022, provides for new measures to prevent sexual harassment in the workplace, requiring companies adopt the measures within 180 days from the date the law became effective (i.e., September 22, 2022).

Further, the new law establishes the “Employ + Women Program,” which aims to increase the employment of women through several measures, such as the flexibilization of maternity leave and the suspension of the employment contracts of working parents, so they can spend more time with their children during the important development stages.

São Paulo Issues Guidance to Prevent and Control Monkeypox

Trend

Authors: Marília Nascimento Minicucci, Partner – Chiode Minicucci | Littler, and Renata Neeser, Shareholder – Littler

On August 24, 2022, São Paulo’s City Government released guidance to prevent and control monkeypox, including specific recommendations for the adoption of sanitary measures in the workplace, including the use of a face mask, referring suspected cases to a Health Unit, cleaning and disinfection of facilities, among other measures. The guidance further recommends that when a suspected case is confirmed, the individual should be isolated and removed from their activities until the rash has fully healed and a new layer of intact skin has formed. Cases with an undetected test result may be released from isolation.

Although the guidance is a set of recommendations, following them may help employers defend against labor lawsuits from employees or investigations by the Ministry of Labor or the Labor Prosecutor’s Office if there is a claim that the infection occurred at the workplace.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.