The Chamber of Deputies accepted on Wednesday (3) the provisional measure that modifications the foundations on the fee of meals support, after the speaker withdrew in relation to the gadget that allowed staff to pay money.
The essential textual content was accepted with 248 votes in favor and 159 in opposition to. MEPs rejected the proposed modifications. The textual content goes to the Senate and is predicted to be voted on this Wednesday.
The report by Paulinho da Força (Solidariedade-SP) additionally offers for the potential for transferring the residual steadiness of commerce union dues to the vegetation in proportion to the representativeness necessities established by regulation. Paulinho is honorary president of Força Sindical and was chosen as speaker of the parliamentarian as a result of proximity he has with the mayor Arthur Lira (PP-AL).
The unique textual content despatched by the federal government had as its major goal to forestall the sources of the meal vouchers from getting used for different functions.
Through the proceedings, Paulinho da Força considered inserting a tool that supplied for fee in money or liquid sources, and never solely within the meal voucher playing cards made accessible by the businesses. The measure aroused the response of varied sectors, specifically of economic institutions, which argued that the profit would not be used for the acquisition of meals.
The parliamentarian says that the quantities paid by the corporate must be used to pay for meals in eating places and the like or for the acquisition of groceries in outlets.
The employer, upon hiring an organization for the availability of meal vouchers, can’t declare or obtain any sort of low cost or imposition of reductions on the contracted quantity or phrases of switch or fee that erroneously characterize the character advance of the sums to be made accessible to staff.
The textual content additionally prohibits the request for different funds and direct or oblique advantages of any form indirectly linked to the promotion of the well being and meals security of staff, as a part of the contracts stipulated with the issuers of meal vouchers.
Improper execution, deviation or distortion of the aim of the upkeep allowance by employers or voucher issuers could end result within the imposition of a penalty within the quantity of R $ 5,000 to R $ 50,000. The worth doubles in case of relapse or management difficulties.
The sanction can even be imposed on the institution that sells merchandise not associated to the employee’s diet and on the corporate that has accredited the premises.
The rapporteur made modifications to the textual content which displeased the federal government. One in all these permits for the adoption of an open fee scheme, which delegates duty for accrediting eating places to card manufacturers. Immediately, those that do it are the operators of the meal voucher playing cards.
The opposite change refers back to the free portability of the service from 1 Might 2023, on the specific request of the employees. That’s, staff can select the cardboard by means of which they may obtain the advantages.
If there’s a steadiness on the meal voucher on the finish of the 60 days, the cash could be withdrawn by the employee. A spotlight of the Republicans tried to suppress the passage, however, topic to the settlement beforehand reached by the leaders of the occasion, the bomb was stored within the deputy.
There’s an interpretation that the money fee of this residual steadiness could increase doubts as to the authorized nature of the profit, though the CLT signifies that the help is compensatory in nature.
In line with the chief of the Republicans within the Chamber, Vinicius Carvalho (SP), the measure makes the help a type of wage, on which social and labor costs for the employer and earnings tax for the employee might be utilized.
“When it’s transformed into cash, one other level, there might be no management over whether or not the worker buys drinks, cigarettes, different issues that aren’t meals. There might be a distortion of this system,” he mentioned.
The gadget that offers with the potential for transferring the residual steadiness of commerce union dues to the facility vegetation ought to shut the dispute over the useful resource, which might exceed R $ 600 million.
The cash refers back to the leftovers of the obligatory contribution, which was extinguished for the reason that labor reform got here into impact in November 2017. The unions say they’re entitled to those sources which might have been transferred to the Ministry of Labor because of compilation errors on the time. . These sources ought to have already been delivered to the entities, based on them, and the textual content satisfies them.
Through the administration of former president Michel Temer (MDB), the Palácio do Planalto, the financial staff and the AGU (Basic Advocacy of the Union) even opened a negotiating desk with the commerce union facilities, however the deadlock stays at present once more.
The financial staff is finding out to suggest the veto of the gadget, however considers that, given the assist of the highest of the Home, the measure could also be innocent.
Within the session this Wednesday, the top of the federal government within the Home, Ricardo Barros (PP-PR), mentioned that there’s an effort to attempt to make the textual content consensual. “A number of concessions have been made and there’s a textual content that’s satisfactory. The federal government is in favor of the unique textual content, however acknowledges the hassle that has been made and understands that the leaders who’ve been accepted on this request will have the ability to assist it,” he mentioned. underlined.
The textual content comprises provisions on teleworking and establishes that the presence of the employee within the office for particular duties, even when in a ordinary approach, doesn’t de-characterize distant work.
Telework could be contracted for journey, manufacturing or exercise. Within the case of a manufacturing contract, the top of the CLT (Consolidated Labor Regulation) which offers with the period of labor and which offers for the management of working hours is not going to apply.
In line with the textual content, a person settlement can cowl the hours and technique of communication between the worker and the employer, supplied that authorized relaxation durations are ensured.
The supply of the MP offers that the time of use of the technological tools, infrastructures, software program, digital instruments or apps used for teleworking exterior the worker’s regular working day doesn’t represent time accessible, readiness or availability. . This solely happens if there’s a provision in a person settlement or a collective settlement or settlement.