Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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COVID-19: Suspension of Employment Agreements and Reduction of Salary/Hours

New Legislation Enacted

Authors: Marilia Nascimento Minicucci, Partner and Pamela Gordo, Associate - Chiode Minicucci | Littler

On April 28, 2021, President Bolsonaro issued Executive Order No. 1,045/2021, which allows employers to suspend employment agreements and reduce employees’ salary and hours (by 25%, 50% or 70%), for up to 120 days, as a COVID-19 measure. The order will be in force until August 25, 2021.

The suspension and reduction measures may be adopted through collective bargaining agreements or individual employment agreements between employer and employee, depending on the employee’s salary and education level, as follows: (i) Employees with a monthly salary equal to or lower than BRL 3,300.00 – collective bargaining agreement or written individual agreement; (ii) Employees with a university degree and a monthly salary equal to or higher than BRL 12,867.14 – collective bargaining agreement or written individual agreement; (iii) Other categories of employees – as a rule, only through a collective bargaining agreement, but the Executive Order introduces a few exceptions to this rule.

COVID-19: Law Ordering Removal of Pregnant Workers from On-Site Work Activities

New Legislation Enacted

Authors: Marilia Nascimento Minicucci, Partner and Pamela Gordo, Associate - Chiode Minicucci | Littler

On May 13, 2021, Law No. 14,151/2021 was published, establishing that, during the COVID-19 public health emergency, pregnant employees shall be removed from on-site activities, without prejudice of their remuneration. Nevertheless, they are allowed to carry out their activities at home, through teleworking or other ways of remote work, provided that their activities are compatible with the telework regime.

Currently, the law does not provide for any penalties for noncompliance, nor does it address cases where a pregnant employee receives aid based on illness from the Social Security Institute (as opposed to the employer funding her salary) or when telework is not compatible with the activities performed by her for the employer.

Approval of Remote Apprenticeship Activities

New Legislation Enacted

Authors: Marilia Nascimento Minicucci, Partner and Pamela Gordo, Associate - Chiode Minicucci | Littler

On June 23, the Ministry of Economy issued Ordinance SEPEC/ME No. 4,089/2021, authorizing, until December 31, 2021, remote professional apprenticeship programs (using information and communication technology). The training entities, together with the companies that comply with the apprenticeship quota, must ensure that the apprentices have access to the technological equipment and infrastructure necessary and adequate for their activities.

COVID-19: Labor Measures

New Order or Decree

Authors: Marilia Nascimento Minicucci, Partner and Pamela Gordo, Associate - Chiode Minicucci | Littler

On April 28, 2021, President Bolsonaro issued Executive Order No. 1,046/2021, which provides several employment measures to address the COVID-19 public health emergency. The measures, which may be adopted during a 120-day period (starting on April 28, 2021) cover: Telework, advance of employees’ vacation, advance of blanket vacation, enjoyment and advance of holidays, bank of hours, suspension of administrative requirements related to occupational safety and health, deferral of collection of the Employment Guarantee's Fund – FGTS, and extension of working hours for health-related facilities.

The Executive Order, initially set to expire after 60 days, was extended for another 60 days, i.e., until August 25, 2021.

ANPD’s Guidance on Processing Agents and Person in Charge

New Regulation or Official Guidance

Authors: Marilia Nascimento Minicucci, Partner and Pamela Gordo, Associate - Chiode Minicucci | Littler

On May 28, 2021, the National Data Protection Authority (ANPD) issued guidance defining processing agents and persons in charge, within the context of the processing of personal data. Among other things, the guidance clarifies: (i) the possibility of having joint controllers – where two or more entities control the personal data (based on Section 26 of the EU’s GDPR); (ii) the possibility of having a sub-processor; and (iii) the possibility of the person in charge being either an employee of the company or an outsourced worker/outside company.

While the ANPD’s guidance does not carry legal authority, it contains significant clarifications on the role of processing agents and persons in charge, within the context of Brazil’s LGPD (General Law of Data Protection).