WHAT IMPACTS FOR COMPANIES IT BRINGS THE INFRALEGAL LABOR REGULATORY FRAMEWORK?

Decree No. 10,854, published on November 11, 2021, consolidated several infra-constitutional labor standards on a wide range of topics.

The Consolidation of Labor Laws (CLT) dates back to 1943 and since its publication, it was only partially amended in 2017 by the well-known “Labor Reform”, however, since the entry into force of the CLT, changes in labor matters have been introduced through ordinances, normative instructions, decrees, among others.

Thus, the Infraconstitutional Labor Regulatory Framework (Decree No. 10.584/2021) was made possible to simplify labor legislation by reducing the number of sparse rules that deal with labor relations, bringing more legal certainty.

The Decree regulates several themes, among which we highlight the following:

  • Food vouchers and enrollment in the Worker’s Food Program – flexible food stamps with the possibility of portability of credit between the available brands;
  • Transport vouchers – cannot be used in collective private transport services and individual public transport, that is, it cannot be used in transport applications, with exceptions.
  • Electronic Labor Inspection Book (eLIT) – it is no longer necessary to keep the physical book in companies;
  • Labor Inspection – became the exclusive responsibility of the Auditors of the Ministry of Economy – Sub-secretariat of Labor and Employment, and can no longer be carried out by the Attorneys of the Public Ministry of Labor;
  • Workers hired or transferred abroad;
  • Permanent Program for the Consolidation, Simplification and Debureaucratization of Infra-Legal Labor Regulations.

The decree entered into force December 11, 2021, except for the provisions on the Worker’s Food Program, which enter into force within 18 months of publication.

Finally, we emphasize that any government measure that facilitates labor relations, in addition to facilitating the understanding of the legislation, brings greater legal certainty to companies.

Further information can be obtained from our labor team.

Laura Lanser Bloemer

Guarnera Advogados