After the pandemic, a new worldwide trend of remote work, known as the home office, emerged. And so, in recent days, the government decided to update the rules for those who work from home, in order to regulate this new modality in labor arrangements. Want to know what these changes are? So, check it out below!
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Home office regulations
President Jair Bolsonaro signed, on March 25, the provisional measure that seeks to regulate the new rules for the home office. Thus, this measure aims to adjust this current work modality to labor arrangements.
First, remote work is defined as “the provision of services outside the company's premises, predominant or hybrid way, which, by its nature, cannot be characterized as work external".
According to the Ministry of Labor, normalizing this new way of working allows us to modernize and update the regulation of current Consolidation of Labor Laws (CLT), in accordance with changes in the way of working, especially after the pandemic.
At first, the home office became a necessary work modality due to COVID-19 and social isolation measures. Thus, remote work became standard for 43% of Brazilian companies, after all, we could not leave the house or stop working.
New rules for remote work
The provisional measure establishes that the form of hiring can be made both by workday and by production or task. That is, there is greater flexibility, not only in terms of hiring but also in the production routine itself. Furthermore, this also includes interns and apprentices.
However, an individual employment contract is required, informing the hours and means of communication between the boss and the employee, as well as all the hours of rest guaranteed by law. In addition, it is up to the employer to change the work regime, as long as it is notified to the employee with 48 hours in advance, without the need for individual or collective agreements or prior changes to the work.
In addition, if the employee does not have the necessary infrastructure to carry out the work, the employer must provide all this equipment on a free loan basis. Not to mention that this investment should not be included as a salary budget.
Finally, the provisional measure states that the period of the working day will be calculated according to the working time available to the employer. Therefore, the time of use of the infrastructure does not count as available time.