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The Provisional Measure 1,116 and Decree 11,061

10/05/2022

In brief

On May 5, 2022, was published the Provisional Measure 1,116, that implemented the “Programa Emprega + Mulheres e Jovens”, a program to insert and maintain women and young people in the labor market, as well as the Decree 11,061, which provides for the right to professionalization of under age and young people through professional learning programs.

More details

To achieve its objectives, the Provisional Measure 1,116, establishes several measures for the Program’s operation, among them (i) the payment of “daycare reimbursement”; (ii) the release of amounts from FGTS to pay for daycare expenses; (iii) the prioritization of remote work for employed mothers/fathers; (iv) the part time work regime; (v) the work day compensation regime (bank of hours); (vi) the 12×36 regime, when possible; (vii) the anticipation of individual vacations; and (viii) flexible working schedule. The measures related to the employees’ working hours, as well as the anticipation of individual vacations, may be adopted during the first year after the birth of the child or stepchild, adoption, or judicial custody.

Furthermore, the program brings measures that enable the qualification of women, allowing professional advancement in strategic areas, such as the release of FGTS amounts to help the payment for qualification expenses, and the suspension of the employment contract for professional qualification purposes.

With regard to returning to work at the end of maternity leave, the Provisional Measure establishes the possibility of suspending the employment contract to monitor the development of the children, as well as changing some of the provisions contained in Law 11,770/08, responsible for creating the “Programa Empresa Cidadã”. From now on, for example, it will be possible for a company to adopt a more flexible extended maternity leave by adopting a 50% reduction in the workday for a period of 120 days, without altering salaries, by an individual agreement signed between the employer and employee. 

Furthermore, the Provisional Measure created the “Selo Emprega + Mulher”, which will be used to recognize companies good practices in the employability of women and, introduced the National Project to Encourage the Hiring of Apprentices, to stimulate the admission of young people through professional learning. 

Regarding Decree 11,061, there are changes in the rules about professional apprenticeship, such as the duration of the apprenticeship contract, which, as a rule, is now valid for up to 3 years, and may be extended by means of a contractual amendment and annotation in the Employment Booklet (CTPS), respecting a maximum term of four years, in the hypothesis of continuity of the training itinerary.

Additionally, equating to the provisions set forth in the Internship legislation, the Decree establishes that the professional apprenticeship contract will be valid upon the apprentice’s CTPS, his/her enrollment and school attendance (in case he/she has not concluded high school), and enrollment in a professional apprenticeship program developed under the guidance of an entity qualified in methodical technical-professional training.

Finally, among other changes, there is the prohibition of hiring apprentices under the age of 18 when (i) the performance of practical activities of professional learning occurs inside the establishment and subjects the apprentices to unhealthy or dangerous conditions; (ii) the law requires a license or authorization for the performance of practical activities, forbidden for under aged individuals; (iii) the nature of the practical activity is incompatible with the physical, psychological and moral development of the apprentices; (iv) the performance of practical activities occurs during night shifts; and (v) the performance of practical activities is carried out at time and place that do not allow attendance to basic education.

Considering the new rules established by the provisions in question, our labor team is available to assist with specific doubts on the subject.

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