| Photo: Marcelo Andrade / Arquivo / Gazeta do Povo
A mini-labor reform was approved by the Chamber of Deputies on Tuesday (10). In agreement with the government, the measures were inserted by the rapporteur into MP 1 045, which originally provided only for the renewal of the emergency program to reduce working time and wages in the private sector. The basic text was widely adopted, with 304 votes in favor and 133 against.
The changes include employment programs – rescue measures from the Carteira Verde e Amarela program, which lasted a few months in 2020 – and professional requalification. Part of them will be financed with resources that are currently allocated by companies to the S system.
The provisions inserted by MPs in MP 1.045 also make changes to the Consolidation of Labor Laws (CLT) and to the definition of who can count on free access to justice. Thus, the deputy, who originally had 25 articles, now has 96.
The next step of the deputy, before going to the Senate, is the vote of the salient points presented by the parties to the text of the rapporteur Christino Aureo (PP-RJ).
Find out below the main points of the project approved by the Chamber:
First opportunity and job reintegration program (Prior)
For whom: for young people between 18 and 29 years old, in the case of a first job with a formal contract, and for people over 55 without a formal relationship for more than 12 months. with the transfer due to Sistema S up to the amount corresponding to 11 hours of work per week and per worker, based on the hourly value of the minimum wage.
The company can deduct up to 15% of the contributions due to the apprenticeship system (Sesi, Senai, Senac and others). This percentage is valid for the bonus of this program.
There is a reduction in employee FGTS payment. The monthly rate of 8% would fall to 2% in the case of micro-enterprises; 4% in small businesses; and 6% in the others.
Maximum remuneration: Two minimum salaries (R $ 2,200), exclusively for new vacancies Duration of the contract: maximum 24 months Where will the public funds come from: According to the text of the rapporteur Christino Aureo (PP-RJ), the government may use the resources of the budget, the Workers’ Support Fund (FAT) and the Poverty Eradication and Eradication Fund to return the amounts to Sistema S.
Special work regime, qualification and productive inclusion (Requip)
For whom: Intended for those who have not been registered for more than two years, young people aged 18 to 29 and beneficiaries of Bolsa Família with a monthly family income of up to two minimum wage. ) can be compensated by the employer for the sums due to the S plan, limited to 11 hours per week on the basis of the hourly value of the minimum wage (5 BRL). During the month, the maximum BIP to be compensated will be R $ 225. The Qualification Incentive Bonus (BIQ), in turn, will be paid by the employer.
Like Priore, the value of the BIP can be compensated by the company when paying social contributions to Sistema S.
The employment / qualification relationship will not be taken into account for employment, social security or tax purposes. It does not give labor rights, because the scholarship and the bonus are considered as compensation. On these amounts, there will be no reduction for INSS or income tax.
In addition to considering the relationship as non-salary, the approved version of the MP allows the offeror of the vacant productive inclusion position to deduct the BIQ from the IRPJ and the basis for calculating the Social Contribution on net income. (CSLL) for companies taxed on taxable income.
However, Requip does not prohibit the worker from having an employment relationship with another company or from providing services as a self-employed person.
Work schedule: maximum 22 hours per week and must be linked to a qualifying course offered by Sistema S or by the company Duration: Three years, with 12-month contracts, which can be extended. A 30-day break is foreseen with the extension of the contract. The worker would receive the premium during the period. Maximum remuneration: the program provides for the payment of a bonus for working in weekly shifts until 10 p.m. (BIP) and a grant for participation in qualifying courses of 180 hours per year (BIQ). The total amount received by the worker will be R $ 550 per month. The BIP will be paid by the government and the BIQ, by the company Where will the government’s resources come from: Union resources, the Workers’ Support Fund and the Poverty Eradication and Fight Fund.
National voluntary social service delivery program
What it is: allows town halls to temporarily hire people to perform services For whom: The program will target young people aged 18 to 29 and people over 50. Has no employment relationship Duration: 18 months in activities of public interest in the municipalities Remuneration: cannot be less than the hourly minimum wage. The Union can help with the payment, up to R $ 125 per month. Working hours: 48 hours per month, limited to 6 hours per person per person in each public law legal entity offering. This work must be carried out in a maximum of three days per week, with the possibility of extending the working day and setting up a compensation system by the municipality, in accordance with the regulations. Classes. The monitoring of the program will be carried out by the cities in a computerized manner. Town halls cannot exercise temporary contracts for activities in regulated professions or public functions and jobs.
What is changing: Access to free justice is now limited to people with a monthly family income per capita of up to half the minimum wage or a monthly family income of up to three times the minimum wage. The interested party will have to prove this condition by proof of qualification in the CadÚnico of the federal government for social programs.
What’s changing: The commute would decrease from 144 hours per month, as predicted by the CLT, to 180 hours per month. Workdays of 12 hours per day can be established, as long as the average remains at 36 hours per week. The rest interval – 15 minutes every 3 consecutive hours of work – is now negotiated with the labor reform rule, which establishes that the collective agreement prevails over the law.