{"id":12806,"date":"2023-06-28T00:04:02","date_gmt":"2023-06-28T03:04:02","guid":{"rendered":"https:\/\/cmalaw.com\/brazil-public-labor-prosecutor-office-issues-remote-working-guidelines\/"},"modified":"2023-06-28T00:04:02","modified_gmt":"2023-06-28T03:04:02","slug":"brazil-public-labor-prosecutor-office-issues-remote-working-guidelines","status":"publish","type":"contents","link":"https:\/\/cmalaw.com\/homolog\/contents\/brazil-public-labor-prosecutor-office-issues-remote-working-guidelines\/","title":{"rendered":"Brazil: Public Labor Prosecutor Office issues remote working guidelines"},"content":{"rendered":"

Source: Lexology<\/a><\/strong>
\nBy: Juliana Nunes – Associate of Employment<\/strong><\/p>\n

On September 10, the Brazilian Public Labor Prosecutor Office published the Covid-19 Workgroup\u2019s Advisory Note number 17\/2020 (Nota T\u00e9cnica 17\/2020 do GT Nacional Covid-19).<\/p>\n

The Note establishes remote working policies to be observed in the new workplace environment. The guidelines have been developed to ensure safe and lawful labor conditions under the new work modalities arising from changes imposed by the pandemic. The seventeen articles relate to principles developed through other legislation, mostly related to social and workers\u2019 rights in the virtual environment.<\/p>\n

The Note reinforces the importance of employers establishing and describing, in contractual amendments, labor conditions under the remote work regime. Time management is considered crucial as not only is it related to the formal employment contract, but it also impacts on a worker\u2019s physical and mental health. As such, topics related to work duration, structure and responsibilities must be addressed to create legal certainty for both parties.<\/p>\n

Employers must also identify if work ethics and conditions are respected. Since certain structures, including the physical work environment are no longer under employer\u2019s direct surveillance, companies are expected to apply additional effort to monitor and provide adequate conditions. The guidelines also give special attention to matters such as privacy, the right to \u201cdisconnect\u201d and mental wellbeing.<\/p>\n

Substantial attention has also been given to conditions in the Brazilian labor market. Discrepancies between the population\u2019s access and ability to adapt to new technologies has been taken into account and employers must support employees in adapting to the technologies and integrate the new workforce into the remote working context.<\/p>\n

In summary, the recommendations from the Public Prosecutor Office to employers are:<\/p>\n

1.\u00a0 \u00a0Respect digital ethical principles, preserving space for employees to maintain privacy and autonomy to carry on activities from home.<\/p>\n

2.\u00a0 \u00a0Make labor contract changes for those employees for whom remote work has not previously been defined. Employers must bear in mind issues related to mental health, employee\u2019s capacity to handle technology and enhance cooperation during the term of remote work.<\/p>\n

3.\u00a0 \u00a0Take into account conditions related to ergonomics, task organization, network access, interpersonal relationships in the workplace and feedback. The employer must cover the employee’s expenses arising from these matters.<\/p>\n

4.\u00a0 \u00a0Where telemarketing services are offered, provide adequate conditions and technologies for employees, assuring they have a fair amount of rest and capacity to fully develop their functions.<\/p>\n

5.\u00a0 \u00a0\u00a0Offer adequate technical support.<\/p>\n

6.\u00a0 \u00a0Offer clear and objective advice to employees regarding the prevention of diseases in general, physical or mental, related or not to work.<\/p>\n

7.\u00a0 \u00a0Respect working hours as personal and professional spaces tend to conflict during periods of working at home.<\/p>\n

8.\u00a0 \u00a0Provide for digital etiquette models, respecting the \u201cright to disconnect\u201d and preventing virtual harassment, of any kind.<\/p>\n

9.\u00a0 \u00a0Respect the worker’s right to privacy, potentially creating a digital pattern that prevents any violation of personal rights.<\/p>\n

10.\u00a0 \u00a0Obtain the worker’s consent before exploiting its image and\/or voice in digital platforms.<\/p>\n

11.\u00a0 \u00a0Observe terms established during the emergency measures relating to the pandemic, communicating, as soon as necessary, any impacts on working conditions.<\/p>\n

11.\u00a0 \u00a0Ensure adequate communication channels that enable the notification of any event that violates a worker\u2019s personal rights.<\/p>\n

12.\u00a0 \u00a0Encourage self-care policies to prevent COVID-19, as well as ensuring adequate isolation of the patient and communication to health authorities.<\/p>\n

13.\u00a0 \u00a0Observe legislation that protects older workers when setting out working conditions, respecting both limitations and rights of older workers.<\/p>\n

14.\u00a0 \u00a0Observe disability legislation when granting work opportunities and defining work tasks.<\/p>\n

15.\u00a0 \u00a0Control working hours, including the time the worker has spent in rehabilitation programs.<\/p>\n

16.\u00a0 \u00a0Cooperate with policies that support outplace of workers who have been dismissed due to the automation of working processes or technological barriers.<\/p>\n","protected":false},"featured_media":0,"template":"","categories":[1],"tags":[],"class_list":["post-12806","contents","type-contents","status-publish","hentry","category-sem-categoria"],"acf":[],"_links":{"self":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/contents\/12806","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/contents"}],"about":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/types\/contents"}],"wp:attachment":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/media?parent=12806"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/categories?post=12806"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/tags?post=12806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}