After the approval of the Labor Reform by the Senate, President Michel Temer sanctioned its respective draft entirely, without vetoes. The presidential sanction was published on the Official Federal Gazette on July 14, 2017.
Although it was sanctioned without vetoes, Senator Romero Jucá released last week a draft of the Provisory Measure that the Government intends to issue to amend certain points of the Labor Reform.
Among those points, we highlight the following ones:
- possibility of implementing 12x36 shifts solely through collective bargaining agreements (and not through individual agreements, as recently approved);
- amendments to the rules regarding the calculation of indemnifications of non-material damages, aiming at unlinking the amount of the indemnifications from the salary of the employee;
- amendments to the rules regarding the work of pregnant and breastfeeding women in order to limit the possibility of pregnant and breastfeeding women working under unhealthy conditions;
- amendments to the rules regarding the engagement of independent contractors in order to expressly prohibit the imposition of exclusivity obligation to contractors;
- regulation of intermittent work;
- regulation of the commission of employees within companies in order to clarify that the commission will not replace the role of labor unions on the defense of individual or collective rights of their respective professional category, including with respect to judicial or administrative matters, remaining mandatory the participation of labor unions in collective bargaining negotiations; and
- implementation of restrictions on collective negotiations involving work under unhealthy conditions.
Despite the Government’s intent, there is a possibility that the House of Representatives will not approve the Provisory Measure, maintaining the recently approved text of the Labor Reform.
Machado Meyer Advogados will continue to follow the development of this matter and its possible outcomes.
In any case, the Labor Reform will come into effect 120 days after its publication on the Official Federal Gazette, which occurred on July 14, 2017.