See some of the main points of labour modernization

The President of the Republic sanctioned the law amending the consolidation of labor laws (CLT), approved by Decree-Law No. 5.452/1943, and Laws Nos 6.019/1974, 8.036/1990 and 8.212/1991, in order to adapt the legislation to the new labor relations.


Among the various modifications promoted in labor legislation, we highlight the legal devices impacted below, which will enter into force within 120 days from 14.07.2017:


30-Day Vacation

It can be divided in up to 3 periods, one of which may not be less than 14 calendar days and the remainder may not be less than 5 calendar days each.

Syndical Contribution-discount

It becomes optional, and no longer mandatory, i.e. for the discount, there must be prior authorization from the employee.

Part-time work

Working day:

-May not exceed 30 hours per week, with no possibility of weekly supplementary hours; Or

-May not exceed 26 hours per week, with the possibility of adding up to 6 weekly supplementary hours, paid with the increase of 50% on the normal hourly wage.

Bank of Hours

It may be agreed by written individual agreement, provided that the compensation occurs within a maximum period of 6 months.


The remuneration will be at least 50% higher than the normal time.

12 X 36 Matchday

provided to the parties, by written individual agreement, collective bargaining agreement or collective work arrangement, establish this type of work journey.

Monthly remuneration is covered by the payments due for the weekly paid rest and for the rest on holidays, and the holidays and evening work extensions will be considered compensated when there is.

Time spent by the employee to the job and return

The time spent, walking or by any means of transport, including the one provided by the employer, will not be computed in the working hours, because it is not time available to the employer.

Interval for resting or feeding

The non-concession or partial concession of the interval implies the payment, of a indemnible nature, only of the deleted period, with an increase of 50% on the remuneration value of the normal working time.

Employee in a teleworking regime (Home Office)

The work is done outside the company, with the use of information and communication technologies that, by their nature, are not constituted as external work.

The attendance of the employee to the company for the performance of specific activities does not discharacterize the teleworking regime.

The provision of services in this modality shall be included in the employment contract, which shall specify the activities that will be carried out by the employee.

It may be possible to change the teleworking regime for the presential by determination of the employer, guaranteed minimum transition period of 15 days, with corresponding registration in contract additive.

The provisions relating to the liability for the acquisition, maintenance or supply of the technological equipment and the necessary infrastructure and adequate for the provision of remote work, as well as the reimbursement of expenses incurred by the employee, shall be Written contract.

Autonomous worker-Hiring

The hiring of the autonomous, fulfilled by this all legal formalities, with or without exclusivity, continuously or not, removes the quality of employee provided in the CLT.

Intermittent work

Contract of employment in which the provision of services, with subordination, is not continuous, occurring with alternation of periods of provision of services and inactivity, determined in hours, days or months, regardless of the type of activity of the employee and the Employer, except for the aeronauts, governed by their own legislation.

It must be celebrated in writing.

It must specifically contain the value of the working hour, which may not be less than the time value of the minimum wage or that due to the other employees of the establishment who exercise the same function in intermittent contract or not.

The employer shall convene, by any means of effective communication, for the provision of services, informing the journey, with at least 3 calendar days in advance, and the employee will have the deadline of 1 business day to respond to the call, assuming, in the Silence, refusal, which in this case does not discharacterize subordination for the purposes of the intermittent employment contract.

You accept the offer for the attendance to work, and the party that disagrees, without reason, will pay the other party, within 30 days, a fine of 50% of the remuneration that would be due, allowed to compensation in equal term.

The period of inactivity will not be considered time at the employer's disposal, and the worker may provide services to other contractors.

At the end of each service period, the employee will receive the immediate payment of the installments related to the remuneration, the proportional vacation with the addition of 1/3, 13 proportional salary, paid weekly rest and legal additional.

The payment receipt shall contain the breakdown of the amounts paid for each of the parcels described herein.

The employer will collect the social security contribution and the deposit of the Fgts, in the form of the law, based on the amounts paid in the monthly period and shall provide the employee with proof of compliance with these obligations.

Every 12 months, the employee acquires the right to enjoy, in the subsequent 12 months, a month of vacation, period in which he/she cannot be summoned to provide services by the same employer.

Employee activity in unhealthy activities

Without prejudice to its remuneration, in this included the value of the additional unhealthy, the employee should be removed from:

A) activities considered unhealthy to a maximum degree, while the pregnancy lasts;

b) Activities considered unhealthy in a medium or minimum degree, when presenting a health certificate, issued by a physician of the woman's confidence, who recommends the withdrawal during pregnancy;

c) Activities considered unhealthy in any degree, when presenting health certificate, issued by a doctor of the woman's confidence, who recommends the removal during lactation.

When it is not possible that the pregnant or lactating woman, removed under the conditions mentioned above, carries out her activities in a healthy place in the company, will be considered as risk pregnancy and shall provide the perception of maternity salary, in accordance with Welfare benefits legislation throughout the withdrawal period.

Time extentions in unhealthy activities

Requirement of pre-licence to extend schedules in unhealthy activities, not being required for the 12 X 36 rounds.

Special pillows for woman to breastfeed her own son

The 2 special pillows of half an hour each woman has to breastfeed her own child until 6 months of age, should be defined in an individual agreement between the woman and the employer

Uniform requirement and hygiene

It is up to the employer to define the pattern of clothing in the workplace environment, being lawful the inclusion in the uniform of logos of the company itself or of partner companies and other identification items related to the activity performed.

The hygiene of the uniform is the responsibility of the worker, except in cases where procedures or products are needed different from those used for the hygiene of the garments of common use.

Termination of employment contract by agreement between employee and employer

The employment contract may be terminated by agreement between employee and employer, in which case the following Labor monies will be owed:

A) by half: from the notice, if indemified; and indemnity on the balance of the Fgts in the event of farewell by the employer without just cause in importance equal to 40% of the amount of the Fgts during the term of the employment contract;

b) in integrality, the other labor funds.

The termination of the contract allows the movement of the worker's linked account in the Fgts limited to 80% of the deposit amount.

The termination of the contract by agreement does not authorise the entry into the Unemployment Insurance Program (PSE).

Administrative fines-readjustment

The amounts of the administrative fines expressed in currency will be adjusted annually by the referential rate (TR), disclosed by the Central Bank of Brazil, or by the index that replaces it.

Unregistered employee-Fine

Company shall be subject to the fine of:

-R $3,000.00, per unregistered employee, and R $6,000.00, in case of recurrence;

-R $800.00, per employee not registered, when it is a micro-enterprise or small business;

-R $600.00, per employee, when the data required for your registration is not reported.

Collective conventions and collective bargaining agreements

The collective bargaining agreement and collective bargaining agreements have a prevalence of the law when, among others, they have the following:

-The pact on working hours, observing the constitutional limits;

-Annual Bank hours;

-Intra-journey interval, respecting the minimum limit of 30 minutes for journeys exceeding 6 hours;

-accession to the PSE;

-Plan of positions, salaries and functions compatible with the employee's personal condition, as well as identification of positions that fit as trust functions;

-Corporate regulation;

-representative of workers in the workplace;

-teleworking, overwarning regime and intermittent work;

-Remuneration for productivity, including the tips perceived by the employee, and remuneration for individual performance;

-Mode of registration of work hours;

-Holiday Day exchange;

-Framing of the degree of unhealthy;

-Extension of the journey in unhealthy environments, without prior permission from the competent authorities of the Ministry of Labor;

-Incentive awards in goods or services, possibly granted in incentive programs;

-Participation in profits or results of the company.

It constitutes an illicit object of collective bargaining or collective bargaining agreements, solely the deletion or reduction of the following rights:

-Professional identification standards, including annotations in CTPs;

-Unemployment insurance in the event of involuntary unemployment;

-The value of the monthly deposits and the indemnity compensation of the Fgts;

-minimum wage;

-Nominal value of the 13th salary;

-Remuneration of night work higher than that of daytime;

-Protection of the salary in the form of the law, constituting a crime its withheld retention;


-Remunerated weekly rest;

-Remuneration of the extraordinary superior service at least 50% to that of the normal;

-Number of vacation days due to the employee;

-Enjoyment of paid annual leave with at least one 1/3 more than the normal salary;

-Maternity leave with a minimum duration of 120 days;

-Paternity leave under the terms laid down in law;

-Protection of women's labour market through specific incentives under the law;

-notice-Prior proportional to the time of service, being at least 30 days in accordance with the law;

-Health, hygiene and occupational safety standards provided by law or in regulatory norms of the Ministry of Labor;

-Additional remuneration for the painful, unhealthy or dangerous activities;


-Insurance against occupational accidents, in charge of the employer;

-Action, as to the claims resulting from labor relations, with a 5-year prescriptional deadline for urban and rural workers, up to the limit of 2 years after the termination of the employment contract;

-Prohibition of any discrimination regarding the salary and criteria for admission of the disabled worker;

-Prohibition of night work, dangerous or unhealthy to minors under 18 years of age and of any work to minors under 16 years of age, except as apprenticeship, from 14 years;

-Measures of legal protection for children and adolescents;

-Equal rights between the worker with permanent employment and the single worker;

-Freedom of professional association or trade union of the worker, including the right not to suffer, without his express and prior consent, any collection or salary discount established in collective agreement or collective work arrangement;

-Right to strike, competing for the workers to decide on the opportunity to exercise it and on the interests which they must defend;

-Legal definition of essential services or activities and legal provisions on meeting the community's inattachable needs in the event of a strike;

-Taxes and other third party credits;

-The provisions laid down in the arts. 373-A, 390, 392, 392a, 394, 394-A, 395, 396 and 400 of the CLT.


(Law No. 13.467/2017-DOU 1 of 14.07.2017)



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