New Provisional Measure contains labor provisions that encourage the inclusion and maintenance of women and young professionals in the job market

On May 5, 2022, the Provisional Measure nº 1.116/22 was published in the Official Daily Government Newspaper, which, aiming at the inclusion and maintenance of women and young people in the job market, establishes the Employs + Women and Young Professionals Program.

According to the Federal Government, the Provisional Measure aims to introduce measures to support parenthood in early childhood, to make the working hours more flexible, to qualify women for professional advancement, to support women’s return to work after the end of their maternity leave, and to encourage the hiring of young people through professional learning internships.

Among the new measures that may be adopted are:

1. Daycare reimbursement payment – the benefit will be destined to the payment of daycare or pre-school of the employee’s free choice for those who have children between four and five months of age, upon receipt of proof of the expenses incurred;
2. Release of Unemployment Compensation Fund FGTS amounts to assist in the payment of day-care expenses;
3. Working from home for employed mothers and fathers – the Provisional Measure states that mothers and fathers with children, stepchildren, or children under legal custody up to four years old, will have priority for positions in home office or remote working regime;
4. Flexible working hours and vacations for employed parents in order to promote the balance between work and family life – adoption of a part-time system, special compensation system for working hours by means of a worked hours register, 12 hours of work for 36 hours of uninterrupted rest, anticipation of individual vacations after the maternity leave period, flexible starting and ending working hours.
5. Institution of the National Project to Encourage the Hiring of Young Professionals on Learning Internships, and changes in the learning programs foreseen in the Labor Law Consolidation (CLT) – The Provisional Measure intends to increase the access of teenagers and young people to the job market by means of learning, as well as to guarantee full compliance with the learning quota, offer incentives, and establish special procedures for regularization.

The measure also changes the agreement’s term limit from two to three years and allows the quota to be doubled in certain cases, as well as allowing people up to twenty-nine years old to participate in the learning programs, when the activities they perform are not authorized for people under twenty-one years old.

It is important to highlight that most of the measures implemented by the Provisional Measure can be adopted and formalized by means of individual agreement or collective bargaining agreement or convention.

The Provisional Measure No. 1116/22 is in effect for 60 days and can be renewed for another 60 days. It will now proceed to the analysis of the Plenary of the Chamber of the State Representatives and the Federal Senate. If it is not converted into a law within this period, it will lose its effectiveness.

The complete Provisional Measure is available at:

http://www.planalto.gov.br/ccivil_03/_Ato2019-2022/2022/Mpv/mpv1116.htm

 

Main Contacts:

Juliana Nunes
Sócia| Partner
T: +55 11 3077 3558
E: juliana.nunes@cmalaw.com

Marcio Meira
Sócio | Partner
T: +55 21 3262 3029
E: marcio.meira@cmalaw.com

Maurício Tanabe
Sócio | Partner
T: +55 11 3077 3551 | 21 3262 3011
E: mauricio.tanabe@cmalaw.com