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In brief

Bill of Law No. 2058/2021 (BL), initiated by the Chamber of Deputies on 06/07/2021, proposes amendments to the recent and controversial Law No. 14.151/2021, which deals with the removal of pregnant employees from on-site work during the public health emergency of national importance due to the new coronavirus.

The BL specifically regulates (i) telework (ii) remote work and/or (iii) other forms of non-presential work, specifically with regard to pregnant employees.


More details

The main points under discussion in the BL are that: (a) a pregnant employee, fully vaccinated for COVID-19, will not be entitled to the leave set forth in Law 14.151/2021; and (b) if there is no possibility of teleworking or remote working, the employer may temporarily suspend the employment contract, at which time the employee will be entitled to the payment of the Emergency Employment and Income Maintenance Benefit.

The bill is still in process and many of its aspects can still be adjusted, due to the gaps contained in Law nº 14.151/202, which were the object of intense debate.

The BL seeks to maintain the protection of pregnant employees, allowing them to be removed from on-site work with a guarantee of full remuneration. In addition, the BL’s main objective is to assist companies (especially small and medium-sized ones) that had and continue to have their revenue impacted by the pandemic and are being forced to pay the full salaries of pregnant employees without them providing services, due to the impossibility of activating themselves remotely.

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Author

Leticia Ribeiro has been recognized by the Latin Lawyer, Legal 500 and Client Choice Awards as a leading employment lawyer. Leticia joined the firm in 1998 and became partner in 2013. Frequently praised for her practical and business oriented advice, technical knowledge and creativity, over 20 years experience in advising clients on employment matters.

Author

Priscila Kirchhoff is a Partner from Trench, Rossi e Watanabe Advogados, Sao Paulo office.

Author

Tricia Oliveira is a Partner from Trench, Rossi e Watanabe Advogados, Sao Paulo office.

Author

Clarissa Lehmen joined the Firm in 2014. She integrates the employment & compensation practice group, with focus on employment advisory, assisting companies in strategic matters. Clarissa has a wide breadth of experience in strategic matters, including defining and implementing strategies for labor matters relating to C-level executives, benefits harmonization, expatriation, outsourcing, due diligence audits related to Mergers & Acquisitions, retention schemes, Stock Options and negotiations with labor unions.

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