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Provisional Measure No. 1,046 / 2021 – Reissue of Labor Measures against COVID-19, including extension of deadlines for the payment of FGTS

On 4/27/2021, the Federal Government published Provisional Measure (PM) No. 1,046, which was predominantly a reproduction of PM 927/2020, which provided for several labor measures to face the consequences of the coronavirus (covid-19) pandemic. It is important to point out that the measures provided for in PM 1.046 can only be applied until the end of its effectiveness, on 08/24/2021. Among the various measures planned, we highlight the following.

The anticipation of Individual and Collective Vacations was made possible, and the collective may even be more than 30 (thirty) days. In addition, holidays that are taken in advance will be deducted from the severance pay due if the employee resigns.

It is possible to change the face-to-face work regime for teleworking, remote work or other distance work, in addition to determining the return to the face-to-face work regime, regardless of the existence of individual or collective agreements, without prior registration of the change in the individual employment contract.

It is important to point out that the time of use of technological equipment and necessary infrastructure, as well as software, digital tools or internet applications used for teleworking outside the employee’s normal working day, will not constitute time at disposal, a standby regime or on call, unless there is a provision in an individual agreement or in a collective bargaining agreement or convention.

The anticipation of holidays was allowed, however, unlike the provision of PM 927, in the case of religious holidays, the employee’s consent will also not be necessary.

The maturity of the FGTS payment by employers was extended, referring to the competences of April, May, June and July 2021, with maturity in May, June, July and August 2021, respectively, and payments may be made in September, October, November and December 2021.

The suspension of administrative requirements for occupational health and safety was also foreseen, by postponing deadlines for occupational medical examinations, among others.

Finally, we emphasize that the PM also provided that the procedures concerning collective rules may be carried out electronically, and that said rules will come into force 1 (one) day and 12 (twelve) hours after protocol with the Regional Labor Superintendence.

PM 1,046 has several other forecasts, and more information can be obtained from our Labor team.

Laura Lanser Bloemer