Brazil labor reform (2017)
Brazilian Labor Reform (Law 13,467, of July 13th, 2017) | |
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National Congress | |
Long title
| |
Territorial extent | Whole of Labor law |
Status: In force |
The 2017 labor reform in Brazil was a significant change in the country's Consolidation of Labor Laws (Portuguese: Consolidação das Leis do Trabalho).[1][2] According to the government, the goal of the reform was to combat unemployment and the still ongoing 2014 Brazilian economic crisis.[3]
The bill was proposed and sent to the Chamber of Deputies by the president Michel Temer on December 23, 2016. Since then, during its processing in the National Congress, it was going through several debates and additions to the original bill, for example, the proposal to end the obligatory syndicate (labor union) tax paid by workers hired under the CLT.[4]
The bill was approved by the Chamber on April 26, 2017, with 296 favorable votes and 177 against.
Labor reform was controversial in Brazilian society. Its supporters argue that the reform addresses legal certainty and increase the number of jobs.
Changes
Most of the changes involve intricate details. The most simple changes were:[11][12][1]
Former rule | New rule | |
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Union tax | The tax is obligatory. The worker must pay the equivalent of one day of work every year | The contribution is optional. |
Vacation | The 30 day annual vacation time can be divided into at most into two periods. One of them can't be shorter than 10 days. | They can be divided into three periods at most, through negotiation, as long as one of the periods is at least 15 days long. |
Home office | It isn't regulated under the legislation | Anything that the worker uses at home will be formalized via contract, such as equipment and expenses such as internet and electricity. The worker will get paid based on the tasks he accomplishes. |
Working hours | Limited to 8 hours per day at most, or 44 hours per week. There can be two extra hours per day at most. | They can be 12 hours per day at most, with 36 hours of rest, as long as the 44 hour limit (per week) is respected. |
Time at work | The CLT considers that the work hours correspond to the period in which the worker is available, including the moments when he is awaiting orders. | The moments when the worker is doing activities not directly related to his job, such as rest, lunch, interaction with coworkers, personal hygiene, etc., is not included in the work hours. |
See also
References
- ^ a b "www.camara.gov.br/proposicoesWeb/fichadetramitacao?idProposicao=2122076". www.camara.gov.br (in Brazilian Portuguese). Retrieved 2017-11-10.
- ^ "L13467". www.planalto.gov.br. Retrieved 2017-11-10.
- ^ "Aprovação de mudanças nas leis trabalhistas divide opiniões". Agência Brasil - Últimas notícias do Brasil e do mundo (in Brazilian Portuguese). Retrieved 2017-11-10.
- ^ a b "PL 6787/16 - Reforma Trabalhista". Portal da Câmara dos Deputados (in Brazilian Portuguese). Retrieved 2017-11-10.
- ^ "Câmara aprova proposta de reforma trabalhista; texto segue para o Senado". G1 (in Brazilian Portuguese). Retrieved 2017-11-10.
- ^ "Senado aprova texto-base da reforma trabalhista". Senado Federal (in Brazilian Portuguese). 2017-07-11. Retrieved 2017-11-10.
- ^ "Veja como votaram os senadores na análise da reforma trabalhista". Senado Federal (in Brazilian Portuguese). 2017-07-12. Retrieved 2017-11-10.
- ^ "Todas as incertezas da reforma trabalhista". Exame (in Brazilian Portuguese). 2017-11-15. Retrieved 2017-11-29.
- ^ "Reforma trabalhista desestimula ações na Justiça". Veja (in Brazilian Portuguese). 2017-07-04. Retrieved 2017-11-29.
- ^ "MPT deve entrar com ação contra reforma trabalhista". Globo Rural (in Brazilian Portuguese). 2017-07-12. Retrieved 2017-11-29.
- ^ "Entenda os principais pontos da reforma trabalhista aprovada pelo Congresso". Senado Federal (in Brazilian Portuguese). 2017-04-28. Retrieved 2017-11-10.
- ^ "Reforma trabalhista é aprovada no Senado; confira o que muda na lei". G1 (in Brazilian Portuguese). Retrieved 2017-11-10.