Heloisa de Alencar Santos
Lawyer at Marcos Martins Advogados
Although the Statute of the Elderly (Law 10.741/2003) already provides for stimulating the creation of programs for the professionalization and admission of the elderly into the job market, the lack of tax incentives, social programs and social prejudice mean that Brazil is still far behind other countries when it comes to hiring professionals in old age. However, it is important to point out that there are many benefits to this type of hiring for companies, which should be valued to the point of encouraging it in more and more organizations.
Although there is still no legislation in force in Brazil to encourage companies to hire people in old age, the labor market has been undergoing changes in this direction. According to the latest available data shared by the Ministry of Economy’s Labor Secretariat, for example, the number of people over 65 who are working with a formal contract grew by 43% between 2013 and 2017 – reaching almost 650,000 active professionals.
With the country’s population ageing at a rapid pace, more and more companies are reflecting on the advantages of hiring senior employees – such as a better understanding of scenarios, punctuality, greater commitment and a sense of responsibility, organization and cooperation.
In an attempt to encourage the recruitment of these professionals, Bill 4890/2019 was presented to the Senate, which proposes a tax reduction for companies that hire employees aged 60 or over, with this benefit lasting for five years. The bill, however, is still in progress, and last moved in February 2022, when the matter was removed from the agenda to be re-examined.
Even under analysis, the initiatives are viewed with enthusiasm, both by governments, which want to see a revival in the hiring market, and by large corporations, which are looking for future tax benefits and use the labor of experienced professionals.
In addition, this issue has been gaining momentum in recent years, as large companies have created internal programs to encourage hiring, as is the case with Vivo and Unilever, which started projects during the pandemic. By 2021, Unilever had hired more than 350 professionals over the age of 50. These moves, in addition to bringing direct benefits to companies, provide greater brand visibility and notoriety in the market.
With the strategic help of a law firm together with the Human Resources Department and using the right management tools, it is possible to compile important information to create a program of this kind in companies. However, it is necessary to have professional support in structuring the programs, minimizing possible labor problems involving not only the hiring, but also the dismissal of senior professionals, especially with regard to age discrimination, moral harassment and wage differentials.
Marcos Martins Advogados has specialists in the labor area who can answer any questions you may have about setting up programs, as well as guaranteeing the labor safety of hiring processes.
