Law 14,442/22, published on September 5, regulates teleworking and changes the rules on meal allowances, provided for in the Brazilian Labor Laws (CLT). The law is the result of the conversion into law of Executive Order 1.108/22, already discussed in an article in this portal, available at this link.
Remote work is the rendering of services outside the employer's premises, predominantly or not, using information and communication technologies that, by their nature, do not constitute external work. Thus, even those who work just one day from home will be subject to the remote work rules.
Companies that had already implemented telecommuting, home office, or remote work policies (including work from anywhere policies) must reevaluate and adjust their practices to bring them into line with the new rules, if they have not already done so.
The point of greatest attention is the requirement to track the working hours of employees who work remotely, except in case of activities performed by task or by production or employees who occupy positions of trust, in accordance with article 62, II, of the CLT.
This is because, by requiring companies to implement mechanisms to track the working hours of employees working remotely, the new rule generates reversal of the burden of proof for companies, in the event of a labor lawsuit disputing the payment of overtime.
Thus, if companies do not control the working hours of employees who work remotely, the burden is on the company to prove that the employee did not work overtime.
Based on our experience, the production of this proof (absence of overtime) in situations like this is very difficult, since the company usually has difficulties in obtaining witnesses or records that can prove the employee's actual working hours.
Therefore, it is highly recommended that companies review the mechanisms used to track working hours in cases of remote work and, if they have not adopted them, that they evaluate and implement them in order to carry out correct tracking of working hours.
