A MP (Provisional Measure) was approved by the Chamber of Deputies this Tuesday, August 30, which makes more flexible working regime for mothers or fathers who have children aged up to 6 years or with deficiency. Now, only Senate approval remains.
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This flexibilization of the labor regime may also include a prioritization to release the part-time, anticipation of individual vacations and also entry and exit schedules flexible.
It is also possible to find in the proposal the replacement of nurseries in companies by a payment in the form of reimbursement to pay for the child's day care. This text had its approval granted by 395 votes in favor and 7 against, being also supported by opposition parties.
In the approved version, parenting is defined as “a maternal, paternal socio-affective bond or any other that is defined as the legal reception of someone to be carrying out parental activities, which is done in a shared way between those responsible for the care and also for the education of the children and teenagers”.
President Jair Bolsonaro's justification for creating the MP, called Emprega + Mulheres Program and Youth, is that this aims to encourage the permanence and also the hiring of these groups.
Deputy Celina Leão, who was the rapporteur in the Chamber, removed everything related to hiring apprentices. According to her, the issue is already being addressed in an exclusive commission on the Apprentice Statute. As she said, the parliamentarians presented 90 amendments, with the intention of removing these devices from the text.
Now, when it comes to the flexibility of the work regime, it is said that employers need to prioritize vacancies in home office, telework, remote work or even distance work for employees who have a child, stepchild or child for whom they are legally responsible, aged no more than six years or who have some type of disability that does not allow them to take care of themselves alone. The measure applies to employees of both sexes.
Another point to be highlighted is that employers can adopt some measures to conciliate work and care that employees need to have with their children, as long as the desire to do so is real work. Are they:
- part-time regime;
- special scheme for compensation of working hours using the hourly bank;
- 12-hour working day for 36 hours without interruption in rest;
- anticipation of individual vacations. This situation, however, is valid only in the first year of the birth of the child or stepchild; adoption or legal guardianship;
- Flexible arrival and departure times.
These measures need to be formalized through an agreement made individually or even through a collective work agreement.
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