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April/2020 | Published by: Cintia Yazigi

Possibilities of the employer to cope with the state of disaster

Among so many uncertainties brought about by the public calamity, caused by the coronavirus, entrepreneurs in Brazil have been questioning themselves about the resolutions in labor relations, considering that many employees are idle while others with total work capacity and production of income or results.


Despite so many doubts, fortunately part of them were elucidated, especially with the publication of Provisional Measures 927 and 936, which although they are, as the denomination clarifies “provisional”, are certain, essential and indispensable at that moment.


When the employer asks how he could solve his problems with his employees, the provisional measures themselves try to resolve them. Basing the legal precepts is certainly not a theme for which the entrepreneur intends to go deeper, because what interests him most would be to effectively know what attitudes he should and can take towards his employees.


Employees whose activity is still under development and who are able to work using electronic equipment and at a distance, can work peacefully in their own homes, constituting the home office system, recognized for decades, but better regulated when the labor reform was published and adapted exclusively for the present moment, by Provisional Measure 927/2020.


But do not deny that many employees continue their activities partially reduced. In this case, the employer may adopt a special workday compensation scheme to compensate for hours not worked, in a period of up to 18 months.


Another option is to reduce the workday with a proportional reduction in the employee’s salary, and depending on the percentage applied (25%, 50% and 70%), specific requirements and procedures imposed by the legislation for granting emergency benefits will have to be fulfilled. be subsidized by the Federal Government, based on the monthly unemployment insurance amount to which the employee would be entitled.


As for employees who are currently unproductive due to operational issues, whose option to reduce work hours and wages is not considered relevant, it is possible to grant vacations, even if anticipated, which means that the employer does not need to wait for the consummation of their acquisition period. Vacations, in these circumstances, will apply to one or more employees as well as to a group of them, if linked to the sectors affected at that time.


It is not plausible to keep the employee in the conditions presented, whether for social, functional, financial or employment reasons, there is also the possibility of suspending his employment contract for up to 60 days, when the Union will grant the emergency benefit at 100% of the amount unemployment insurance to which the employee would be entitled.


The dismissal would be the worst of the scenario, but it was still not prohibited, noting, however, that for employees who suffer a reduction or suspension of wages, there will be the guarantee of the employee, for the duration of the respective period agreed and after their reinstatement for the same period.


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