The Rio Grande do Sul Labor Prosecutor’s Office has issued a recommendation to companies on alternative measures to deal with the public calamity in the state, suggesting the adoption of actions that prioritize the maintenance of employees’ income and wages.
Among the measures to be adopted by the companies, the Public Prosecutor’s Office recommended the following:
- Anticipation of public holidays;
- Anticipation of individual vacations;
- Anticipation of collective vacations;
- Adoption of time banking; and
- Implementation of teleworking.
Companies must comply with the conditions set out in Law No. 14,437 of 2022, enacted during the COVID-19 pandemic. This law established rules for the Emergency Employment and Income Maintenance Program, aimed at mitigating the social and economic consequences of a state of public calamity at the national, state, district or municipal level recognized by the federal executive branch.
The law can be instituted whenever a state of public calamity is declared, as occurred in the state of Rio Grande do Sul on 05/07/2024.
Through the Emergency Employment and Income Maintenance Program, it is possible to temporarily suspend employment contracts or proportionally reduce working hours and wages, as long as workers are guaranteed compensation. Law 14.437 of 2022 also makes it possible to suspend FGTS payments for up to four years. The deposit of the suspended amounts can be made in up to six installments, without the incidence of updates, fines or charges.
The recommendation issued by the Labor Prosecutor’s Office clarifies the importance of adopting a policy to manage the emergency situation, especially in cases of justified inability to attend work.
In the same vein, on 06/06/2024, the President of the Republic signed Provisional Measure No. 1.230/2024, which grants financial support to companies located in areas affected by a state of calamity or emergency in the state of Rio Grande do Sul. This support will be paid directly to employees.
Through the Provisional Measure, the Federal Government must pay two installments of the minimum wage (R$1,412.00) in July and August of this year to employees in Rio Grande do Sul with employment relationships governed by the CLT. To do this, companies must join the program, must not lay off their employees for at least four months, must maintain the salary without reduction and must be up to date with their labor and social security obligations until the Provisional Measure is published on June 7, 2024.
Companies must also submit a declaration of reduced turnover and operating capacity as a result of climatic events that make it impossible to pay the payroll.
The Provisional Measure also covers domestic workers and fishermen.
Companies should be aware of the possibility of fines in the event of non-compliance with the obligations listed in the Provisional Measure, which will be inspected by auditors from the Ministry of Labor and Employment.
We are ready to assist companies, legal and human resources departments, checking what measures can be taken at the moment to minimize any losses.
If you have any questions on the subject, our labor team is available to answer any questions you may have.uer esclarecimentos.
