Heloisa de Alencar Santos
Lawyer at Marcos Martins Advogados
There are many doubts about the return of employees who are currently working from home to companies.
Even more so now that Provisional Measure 927 lost its applicability on July 30, 2020, and the rules of the Consolidation of Labor Laws will once again apply.
The fact is that there is no provision in the legislation that prevents companies from requiring their employees to return to face-to-face work, since they are then subject to the employer’s orders, which can even determine the return of employees who are part of the Covid-19 risk group.
In practice, employers have used common sense when making this type of decision, since if it causes any damage to the employee, they could suffer labor lawsuits demanding compensation for the damage caused.
In any case, in addition to structured planning, so that these employees can return to the company, it is necessary for the employer to take safety and hygiene measures, which are required by the Ministry of Economy, formerly the Ministry of Labor and Employment, such as social distancing in the company, providing masks and alcohol gel.
It is important to say that if the employee notices that the company they work for is not complying correctly with the hygiene and safety rules, they can report the employer’s omission to the Labor Department or the Labor Prosecutor’s Office, since it is the employer’s responsibility to maintain the sanitation of the work environment, in addition to the possibility of taking any legal action they deem appropriate
Likewise, employees who resume their activities in person will be obliged to follow hygiene rules and may be warned and even dismissed for just cause if they fail to comply with these requirements.
The fact is that with the plan for the gradual resumption of activities, employer and employee must be in harmony to define what is best for both , respecting the needs of the company, as well as the needs of the employee, given the peculiarities of the moment we are living in, always aiming to preserve the physical and mental health of the employee and the continuity of the business.
