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In brief

Provisional Measure 1,116 was published on 5 May 2022. The measure implemented the ‘Programa Emprega + Mulheres e Jovens,’ a program to include and maintain women and young people in the labor market. Also published was Decree 11,061, which provides for the right to professionalization of underage and young people through professional learning programs.


To achieve its objectives, Provisional Measure 1,116 establishes several measures for the program’s operation, among them (i) the payment of ‘daycare reimbursement’; (ii) the release of amounts from FGTS to pay for daycare expenses; (iii) the prioritization of remote work for employed mothers/fathers; (iv) the part time regime; (v) the workday compensation regime (bank of hours); (v) the 12×36 regime, when the activity allows; (vi) the anticipation of individual vacations; and (vii) flexible working schedule. The measures related to the employees’ working hours, as well as the anticipation of individual vacations, may be adopted during the first year after the birth of the child or stepchild, adoption, or judicial custody. 

Furthermore, the program brings measures that enable the qualification of women, allowing professional advancement in strategic areas, such as the release of FGTS amounts to help pay for qualification expenses, and the suspension of the employment contract for professional qualification purposes. 

With regard to returning to work at the end of maternity leave, the Provisional Measure establishes the possibility of suspending the employment contract to monitor the development of the children, as well as changing some of the provisions contained in Law 11,770/08, responsible for creating the ‘Programa Empresa Cidadã.’ From now on, for example, it will be possible for a company to adopt a more flexible extended maternity leave by adopting a 50% reduction in the workday for a period of 120 days, without altering salaries, by an individual agreement signed between the employer and employee.

Furthermore, the Provisional Measure created the ‘Selo Emprega + Mulher,’ which will be used to recognize companies’ good practices in the employability of women, and introduced the National Project to Encourage the Hiring of Apprentices, to encourage the hiring of young people through professional learning.

Regarding Decree 11,061, there are changes in the rules about professional apprenticeship, such as the duration of the apprenticeship contract, which, as a rule, is now valid for up to three years, and may be extended by means of a contractual amendment and annotation in the Employment Booklet (CTPS), to a maximum term of four years in the hypothesis of continuity of the training itinerary. 

Additionally, equating to the provisions set forth in the internship legislation, the Decree establishes that the professional apprenticeship contract will be valid upon the apprentice’s CTPS, their enrollment and school attendance (in case they have not concluded high school), and enrollment in a professional apprenticeship program developed under the guidance of an entity qualified in methodical technical-professional training. 

Finally, among other changes, there is the prohibition of hiring apprentices under the age of 18 when (i) the performance of practical activities of professional learning occurs inside the establishment and subjects the apprentices to unhealthy or dangerous conditions; (ii) the law requires a license or authorization for the performance of practical activities forbidden for underage individuals; (iii) the nature of the practical activity is incompatible with the physical, psychological and moral development of the apprentices; (v) the performance of practical activities occurs during night shifts; and (vi) the performance of practical activities is carried out at a time and place that do not allow attendance to basic education.

Considering the new rules established by the provisions in question, our labor team is available to assist with specific doubts on the subject.

Read the alert in Portuguese here.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Tricia Oliveira is a partner at Trench Rossi Watanabe in São Paulo. Her practice focuses on employment litigation – judicial and administrative. Ms. Oliveira has a wide breadth of experience in collective lawsuits and public civil actions, litigation related to health and safety and occupational diseases. *Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law

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Priscila Kirchhoff is a Partner in Trench, Rossi e Watanabe Advogados São Paulo office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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