Bolsonaro publishes new measure that repeals Article 18, of provisional measure 927/2020, which dealt with the suspension of the employment contract for 4 months

The Official Gazette published, on Monday night (03/23/2020), in an extra edition, the revocation of the Provisional Measure 927/2020, which provided for the suspension of employment contracts for 4 months.

Provisional Measure 928/2020, which deals mainly with requests for access to information covered by Law 12.527 / 2011, brought, in a very succinct way, in its Article 2, the following determination:

“Art. 2nd. Art. 18 of Provisional Measure No. 927, of March 22, 2020. ”

As with Provisional Measure 927/2020, this new measure also came into force on the date of its publication and the National Congress has 120 days to convert it into law.

As a result, MP 927/2020, which brought several measures to make labor relations more flexible in the midst of the coronavirus pandemic, will become effective without the full text of article 18, which deals with the suspension of the employment contract for up to 4 months for participation. the current employee or non-face-to-face professional qualification program offered by the employer.

For better reference, the full text of Article 18 is hereby revoked:

“Art. 18. During the state of public calamity referred to in art. 1, the employment contract may be suspended, for a period of up to four months, for the participation of the current employee or in-person professional qualification program offered by the employer, directly or through entities responsible for the qualification, with duration equivalent to the contractual suspension. .

§1º The suspension referred to in the caput:
I – it will not depend on a collective agreement or convention;
II – may be agreed individually with the employee or group of employees; and
III – will be registered in a physical or electronic work card.

§2º  The employer may grant the employee monthly compensatory aid, without a salary nature, during the period of contractual suspension under the terms of the caput, with an amount freely defined between employee and employer, through individual negotiation.

§3º During the period of contractual suspension for participation in a course or professional qualification program, the employee will be entitled to benefits voluntarily granted by the employer, which will not form part of the employment contract.

§4º In the event that, during the suspension of the contract, the professional qualification course or program is not taught or the employee remains working for the employer, the suspension will become uncharacteristic and will subject the employer:
I – immediate payment of salaries and social charges for the period;
II – the applicable penalties provided for in the legislation in force; and
III – sanctions provided for in a collective agreement or convention.

§5º  There will be no grant of a qualification scholarship within the scope of the suspension of the employment contract for the qualification of the worker mentioned in this article and the art. 476-A da Consolidação das Leis do Trabalho, aprovada pelo Decreto-Lei nº 5.452, de 1943.”

Our Labor team remains at your disposal to clarify any doubts..