The Chamber of Commerce authorized on Wednesday (3) the provisional measure that modifications the principles for the fee of meals help, after the rapporteur withdrew in relation to the availability that allowed money funds to employees.
The essential textual content was authorized with 248 votes in favor and 159 towards. Alternates rejected amendments. The textual content goes to the Senate and needs to be voted on this Wednesday.
The report by Paulinho da Força (Solidariedade-SP) additionally gives for the opportunity of transferring the remaining stability of union dues to centrals in proportion to the representativeness necessities established by regulation. Paulinho is the honorary chairman of Força Sindical and was elected MP’s rapporteur for the closeness he has with the mayor Arthur Lira (PP-AL).
The unique textual content the federal government despatched was primarily supposed to forestall meals stamp sources from getting used for different functions.
Through the proceedings, Paulinho da Força thought of together with a tool that supplied fee in money or liquid funds, and never solely within the meals voucher playing cards made accessible by the businesses. The transfer drew backlash from a number of sectors, significantly industrial institutions, who argued that the profit would now not be used to purchase meals.
The MP says that the quantities paid by the corporate should be used to pay for meals in eating places and the like or for the acquisition of meals in industrial institutions.
When the employer engages an organization to supply meals stamps, he can’t demand or settle for any kind of low cost or imposition of reductions on the contracted quantity or deadlines for switch or fee that mischaracterize the pay as you go nature of the quantities to be made accessible to the employees. .
The textual content additionally prohibits the solicitation of different funds and direct or oblique advantages of any form that aren’t immediately linked to the promotion of employee well being and meals security, inside contracts signed with meals stamp issuers.
Insufficient execution, deviation or distortion of the aim of the meal allowance by employers or voucher issuers might result in the imposition of fines within the quantity of R$5,000 to R$50,000. The worth is doubled within the occasion of a repeat offense or if there are difficulties with the inspection.
The wonderful will even be imposed on the power that sells merchandise unrelated to the employee’s meals and the corporate that accredited the situation.
The rapporteur made modifications to the textual content that displeased the federal government. Considered one of them permits the adoption of an open fee association, which delegates the accountability of accrediting the eating places to the cardboard manufacturers. Immediately, those that do that are the meals card operators.
The second change considerations the free portability of the service from Might 1, 2023, on the specific request of the employees. Which means workers can select which card they’ll obtain advantages by way of.
If there’s a stability on the meals stamp after 60 days, the cash might be withdrawn by the employee. A peak of the Republicans tried to suppress the passage, however after the settlement reached earlier by the social gathering leaders, the unity was saved within the MP.
There’s an interpretation that the money fee of this remaining stability might increase doubts concerning the authorized nature of the profit, even when the CLT states that the help has a compensatory nature.
In keeping with the chief of the Republicans within the Chamber, Vinicius Carvalho (SP), the measure makes the help a sort of wage, on which social and labor contributions for the employer and earnings tax for the employee might apply.
“When it’s transformed into cash, one other level, there can be no management if the worker buys drinks, cigarettes, different issues that aren’t meals. There can be distortion of this system,” he argued.
Commerce union facilities
The entity coping with the opportunity of transferring the remaining stability of union dues to centrals ought to finish the dispute over the useful resource, which might exceed R$600 million.
The cash refers to leftovers from the necessary contribution, which has been extinguished because the labor market reform got here into power, in November 2017. The unions declare that they’re entitled to those sources which might have been handed on to the Ministry of Labor because of filling errors on the time.. These sources ought to have already got been delivered to the models, in keeping with them – and the textual content fulfills them.
Through the former President Michel Temer’s (MDB) administration, the Palácio do Planalto, the financial crew and the AGU (Normal Advocacy of the Union) even opened a negotiating desk with the union centrals, however the deadlock stays to this present day.
The financial crew is learning recommending the entity’s veto, however believes that, as a result of there’s help from the Home summit, the measure could also be innocent.
In Wednesday’s session, the federal government chief within the chamber, Ricardo Barros (PP-PR), acknowledged that there was an try and attempt to make the textual content consensus. “A number of concessions have been made and there’s a textual content that’s ample. The federal government is in favor of the unique textual content, however acknowledges the trouble that has been made and understands that the leaders who’ve met on this request will have the ability to help it,” he identified.
The textual content incorporates provisions on distant work and states that the worker’s presence within the work setting for particular duties, even whether it is in a standard manner, doesn’t characterize distant work.
Distant work might be contracted per journey, manufacturing or process. Within the case of a manufacturing contract, the chapter of the CLT (Consolidation of Labor Legal guidelines) which offers with the period of labor and which prescribes the management of working hours won’t be utilized.
In keeping with the textual content, a person settlement might cope with hours and technique of communication between worker and employer, supplied that authorized relaxation intervals are ensured.
The availability within the MP stipulates that the time for the usage of technical gear, infrastructure, software program, digital instruments or apps used for distant work exterior the worker’s regular working day doesn’t represent time accessible, standby or on-call. This solely occurs if there’s a provision in a person settlement or in a collective settlement or settlement.