05/15/2024 – 6:35
The heavy rains that hit Rio Grande do Sul left thousands of people homeless and homeless, also affecting production activity. Given the situation, several companies have declared collective holidays, either due to lack of access or conditions or to avoid employees traveling to risk areas.
To protect workers affected by the implications of the tragedy and “guarantee the maintenance of workers’ income and salaries”, the state’s Public Ministry of Labor issued a document with recommendations for employers. Among them are:
- Implementation of teleworking
- Anticipation of individual vacations
- Granting of collective vacations
- Taking advantage of and bringing forward holidays
- Adoption of time bank
Other recommendations are the adoption of flexible working hours, as transport services, daycare centers and schools are not working, and ensuring that justified absences do not lead to lost wages.
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In situations of public calamity, common sense must prevail in work relationships, highlights labor law specialist Vanessa Carvalho. “The MP’s guidelines aim at the constitutional principles of proportionality and reasonableness, calling for common sense, solidarity and support for the collective,” she says. If the worker feels that their rights have been violated, they can appeal to the courts through a labor complaint, she advises.
The MP also asks employers to refrain from temporarily suspending employment contracts that lead to the interruption of salary payments. The only exception is if the suspension is part of the Emergency Employment and Income Maintenance Program. But this would depend on a program similar to the one instituted by the government during the pandemic.
Labor lawyer Ricardo Christophe da Rocha Freire explains that this possibility was established by Law 14,437, of 2022, which provides guidance on alternative measures to “address the social and economic consequences of a state of public calamity” recognized by the Federal Executive Branch.
“The government has already recognized the State of Calamity in 336 municipalities and, as a result, authorized the application of the law in these locations”, explains the lawyer. In addition to the measures described above, Law 14,437 also provides for the suspension of the obligation to pay the Severance Indemnity Fund (FGTS).
Cases of ‘force majeure’
The Consolidation of Labor Laws (CLT) recognizes that unforeseen circumstances may occur due to “force majeure”, which the law characterizes as “any inevitable event in relation to the employer’s will”.
Even in these cases, the CLT protects workers from very harsh measures. Article 503 establishes that the reduction in wages cannot exceed 25% and that, once the effects resulting from the force majeure have ended, “the reinstatement of reduced wages is guaranteed”.
The recommendations of the Public Ministry of RS draw attention to this article. “Ensure that in the event of invocation of force majeure, as it is an exceptional situation and implies a reduction in rights, the strict requirements set out in art. 501 to 504 of the CLT, avoiding its abusive application by employers for the purposes of layoffs and overtime requirements”, says the document.
According to Carvalho, the “reduction is legal for employers who can legally prove that they have experienced economic instability”. If the allegation is false, employees will be entitled to reinstatement of wages.
The federal government has announced a package of measures to help Rio Grande do Sul, especially in credit actions for families, companies and small farmers. See list of measures already announced.
The Minister of the Civil House, Rui Costa, said that President Luiz Inácio Lula da Silva will announce a set of measures for Rio Grande do Sul families during his trip to Rio Grande do Sul this Wednesday, 15th, and indicated that some type of temporary financial assistance to families must be included in the measurement package.
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