2020-08-19 15:09:32 - 8

Labor Law and COVID-19 – part II: other possible measures to deal with the crisis

The impacts of the pandemic in the country are incalculable and, consequently, end up being reflected in labor relations. In the health area, in times of a pandemic, needs are very different from work relationships in other environments, considering that these companies and professionals, in this very serious moment that society is going through, develop services of extreme essentiality. State and municipal governments have taken measures to suspend the vacations and licenses of professionals who carry out work related to the health area, who can, in some way, help and/or be available to assist suspected or confirmed cases of the Coronavirus. , Provisional Measure 927/2020 provides that health establishments may establish a 12x36 workday, even for unhealthy activities, and establish the extension of the workday with overtime, between the thirteenth and the twenty-fourth hour, provided that the twenty-four consecutive hours of paid rest. The additional hours resulting from this modality may be compensated in the 18 months following the end of the state of calamity, through a bank of hours or remunerated as overtime. However, it is recommended that employees who perform administrative services or even health professionals in the risk range, aged over 60 or with chronic diseases, even if healthy, stay at home. For these situations, the legislation also offers a range of options:
  • Payment of days off due to quarantine or restriction of movement of employees;
  • Total and temporary interruption of services, with payment of salaries; the implementation of the modality home office;
  • Concession of individual or collective vacations;
  • Anticipation of non-religious holidays;
  • Negative bank of hours;
  • And the general reduction of wages, respecting the current minimum wages and the limit of 25% proportional to the salary of each employee.
It is important, in any case, that each of the measures carefully obey all the requirements of the labor legislation or of the agreements signed by the class category. CBR Legal Advice