Thursday , October 28 2021

House approves MoU text on rules for work on Sunday politics


With approval, MEPs must now review the highlights to complete the vote. The session is scheduled for Wednesday (14). It then depends on the Senate to discuss the MP.

Among other things, the proposal sets rules for Sunday work; notes that the work card will be issued "preferably" electronically; and sets out the criteria for accepting the protocol from the employee.

>> Read more below details of the proposal approved by the Chamber

The main text amends the Civil Code, the Consolidation of Labor Laws (CLT) and the law implementing the Brazilian legislation. Changes the rules of civil, administrative, corporate and labor law, among others.

The proposal includes measures that have an impact on private economic activities, and the government believes the goal is to reduce red tape and provide more legal certainty.

The provisional measure has been in effect since its publication in the Official Journal, but must be approved by Congress by August 27 in order not to expire.

House prepares to vote on bureaucracy in the economy

House prepares to vote on bureaucracy in the economy

What the provisional measure envisages

Find out by point what PM offers:

  • the MP allows work on Sundays and public holidays, but changes the rate for weekly rest. The CLT stipulates that the holidays "coincide in whole or in part with Sunday". The Prime Minister's wording now predicts that the rest will be "preferably on Sunday", leaving room for grants on other days of the week;
  • The MP, even with permission, will have to have an employee Sunday break up to a maximum of four weeks

Electronic work portfolio

  • MP predicts work cards will be issued by the Ministry of Economy "preferably in electronic media"- paper printing will be the exception. The document will have the CPF employee's unique ID number;
  • Employers will have five business days from accepting the employee to make notes; The worker must have access to the information within 48 hours of the registration of the information.
  • The proposal states that it will be mandatory input and output records only at work companies with more than 20 employees, Annotation is currently required for companies with more than 10 employees.

The proposal creates the figure of "regulatory abuse", an offense committed by the public administration when it edits a rule that "affects or may affect the operation of an economic activity." The text identifies situations that can be classified as "regulatory abuse" and defines which administrative rules or acts will be invalid:

  • creating market reserves to favor an economic group over competitors;
  • establish rules to prevent new local or foreign competitors from entering the market;
  • require unnecessary technical specifications for economic purposes;
  • create an artificial or compulsory search for a product, service or professional activity, "including the use of notaries, registrations or registrations";
  • place restrictions on the free formation of corporations or economic activities not prohibited by federal law.

Disregard for legal personality

  • Neglect of legal personality is a mechanism established in the Civil Code of 2002 that allows partners and business owners to be held responsible for the company's debts. Non-compliance shall be applied in court proceedings by a judge at the request of a creditor or a prosecutor. The proposal changes the rules for disregarding legal personality by detailing what constitutes abuse of purpose and confusion of property.
  • The text also changes the passage in the Civil Code, which deals with legal matters – agreements concluded between the parties for a specific purpose, with legal consequences. The proposal includes a provision in the Civil Code that stipulates that parties to an enterprise may agree to rules for the interpretation of the rules formalized in the agreement, even if different from those provided for by law.

Digital public documents

  • The proposal amends the law on digitization of documents by allowing digitization to reach public documents as well. According to the proposal, digital documents will have the same probative value as the original document.
  • The deputy stipulates that the public records, stored in a notary office, can be stored, published and stored electronically. Records that may meet the new rules include the civil registry of individuals – birth, marriage, divorce, death; incorporation and registration of real estate.

Committee on Taxation

  • The MP creates a committee made up of members of the Administrative Board of Tax Appeals, the IRS, the Department of Economy and the Attorney General of the National Treasury. The group may issue a summary to the Federal Tax Administration, which will bind the regulations practiced by these entities.
  • The proposal creates, within the Civil Code, a series of rules for investment funds, defined in the text as a "reserve of resources", which are intended to invest in financial assets and assets. The proposal establishes the rules for the registration of funds with the Securities and Exchange Commission, the information to be contained in the regulations of these funds and the rules for filing bankruptcy documents.
  • The text states that the Sovereign Fund, a special fund linked to the Ministry of Economy, will be extinguished.

End of license for low risk activities

  • The MP provides for the suspension of the license – or any other type of government-issued permit – for those pursuing low-risk activities – such as seamstresses and shoemakers. The definition of low-risk activities will be laid down in an act of the executive branch, if there are no state, district or municipal rules on the matter.

E-Social Replacement

  • The so-called digital accounting, tax, social security and employment accounting system, which integrates employee data transmission, will be replaced, the proposal provides, with a simplified digital social security and employment information system.

The rapporteur negotiated the new text version within hours before the vote. Geronimo Görgen has already announced in recent days the withdrawal of the new rules for the operation of pharmacies and the establishment of a Commission for the prevention of internal accidents in companies. He announced more deletions today:

Civil Law in Employment Contract – The proposal changes the consolidation of labor laws to allow employment contracts with remuneration above 30 minimum wages to be governed by civil law, with the exception of constitutional labor guarantees.

Transport: amnesty and single document – the Member of Parliament has created the Electronic Transport Document, which must be issued when goods are transported on national territory by any means. DT-e will be the only transport contract. It also provides for an amnesty for compensation payable by freight carriers for non-compliance with the first shipping table set by the National Land Transport Agency in 2018.

End of payment for motorbike hazards – The proposal establishes the end of a 30% hazard payment for motorbikes, taxi drivers and those who use motorcycles to practice the profession.

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