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Brazil labor reform (2017)

Brazilian Labor Reform (Law 13,467, of July 13th, 2017)
President Michel Temer with ministers and congressmen after signing the bill
National Congress
  • Changes the Consolidation of Labor Laws (CLT), approved by Decree-Law 5452, of May 1, 1943, and Laws 6019, of January 3, 1974, 8036, of May 11, 1990, and 8212, of July 24, 1991, to adequate the legislation to new labor relations
Territorial extentWhole of Brazil
Passed byChamber of Deputies
PassedApril 26, 2017
Passed byFederal Senate
PassedJuly 11, 2017
Signed byPresident Michel Temer
SignedJuly 13, 2017
EffectiveNovember 10, 2017
Legislative history
First chamber: Chamber of Deputies
Bill titleLaw Project 6787/2016
Bill citationPL 6787/2016
Introduced byPresident Michel Temer
IntroducedDecember 23, 2016
First readingFebruary 3, 2017
Second readingApril 20, 2017
Third readingApril 26, 2017
PassedApril 26, 2017
Voting summary
  • 296 voted for
  • 177 voted against
  • 39 absent
  • 1 present not voting
Second chamber: Federal Senate
Bill titleChamber Law Project 38/2017
Bill citationPLC 38/2017
Received from the Chamber of DeputiesApril 28, 2017
First readingMay 2, 2017
Second readingJune 29, 2017
Third readingJune 6, 2017
PassedJuly 11, 2017
Voting summary
  • 50 voted for
  • 26 voted against
  • 1 abstained
  • 3 absent
  • 1 present not voting
Keywords
Status: In force

The 2017 labor reform in Brazil was a significant change in the country's Consolidation of Labor Laws (Portuguese: Consolidação das Leis do Trabalho).[1][2] According to the government, the goal of the reform was to combat unemployment and the still ongoing 2014 Brazilian economic crisis.[3]

The bill was proposed and sent to the Chamber of Deputies by the president Michel Temer on December 23, 2016. Since then, during its processing in the National Congress, it was going through several debates and additions to the original bill, for example, the proposal to end the obligatory syndicate (labor union) tax paid by workers hired under the CLT.[4]

The bill was approved by the Chamber on April 26, 2017, with 296 favorable votes and 177 against.[5] Later, in the Federal Senate, it was approved on July 11, 2017, by 50 versus 26 votes. It was then sanctioned by the president on July 13, 2017, with no vetoes. The law will start to be valid on November 11 of the same year, 120 days after the sanction.[6][7][4]

Labor reform was controversial in Brazilian society. Its supporters argue that the reform addresses legal certainty and increase the number of jobs.[8][9] Its critics argue that the reform violates the Brazilian constitution and International Labour Organization conventions signed by Brazil.[10]

Changes

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Most of the changes involve intricate details. The most simple changes were:[11][12][1]

Former rule New rule
Union tax The tax is obligatory. The worker must pay the equivalent of one day of work every year The contribution is optional.
Vacation The 30 day annual vacation time can be divided into at most into two periods. One of them can't be shorter than 10 days. They can be divided into three periods at most, through negotiation, as long as one of the periods is at least 15 days long.
Home office It isn't regulated under the legislation Anything that the worker uses at home will be formalized via contract, such as equipment and expenses such as internet and electricity. The worker will get paid based on the tasks he accomplishes.
Working hours Limited to 8 hours per day at most, or 44 hours per week. There can be two extra hours per day at most. They can be 12 hours per day at most, with 36 hours of rest, as long as the 44 hour limit (per week) is respected.
Time at work The CLT considers that the work hours correspond to the period in which the worker is available, including the moments when he is awaiting orders. The moments when the worker is doing activities not directly related to his job, such as rest, lunch, interaction with coworkers, personal hygiene, etc., is not included in the work hours.

See also

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References

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  1. ^ a b "www.camara.gov.br/proposicoesWeb/fichadetramitacao?idProposicao=2122076". www.camara.gov.br (in Brazilian Portuguese). Retrieved 2017-11-10.
  2. ^ "L13467". www.planalto.gov.br. Retrieved 2017-11-10.
  3. ^ "Aprovação de mudanças nas leis trabalhistas divide opiniões". Agência Brasil - Últimas notícias do Brasil e do mundo (in Brazilian Portuguese). Retrieved 2017-11-10.
  4. ^ a b "PL 6787/16 - Reforma Trabalhista". Portal da Câmara dos Deputados (in Brazilian Portuguese). Retrieved 2017-11-10.
  5. ^ "Câmara aprova proposta de reforma trabalhista; texto segue para o Senado". G1 (in Brazilian Portuguese). Retrieved 2017-11-10.
  6. ^ "Senado aprova texto-base da reforma trabalhista". Senado Federal (in Brazilian Portuguese). 2017-07-11. Retrieved 2017-11-10.
  7. ^ "Veja como votaram os senadores na análise da reforma trabalhista". Senado Federal (in Brazilian Portuguese). 2017-07-12. Retrieved 2017-11-10.
  8. ^ "Todas as incertezas da reforma trabalhista". Exame (in Brazilian Portuguese). 2017-11-15. Retrieved 2017-11-29.
  9. ^ "Reforma trabalhista desestimula ações na Justiça". Veja (in Brazilian Portuguese). 2017-07-04. Retrieved 2017-11-29.
  10. ^ "MPT deve entrar com ação contra reforma trabalhista". Globo Rural (in Brazilian Portuguese). 2017-07-12. Retrieved 2017-11-29.
  11. ^ "Entenda os principais pontos da reforma trabalhista aprovada pelo Congresso". Senado Federal (in Brazilian Portuguese). 2017-04-28. Retrieved 2017-11-10.
  12. ^ "Reforma trabalhista é aprovada no Senado; confira o que muda na lei". G1 (in Brazilian Portuguese). Retrieved 2017-11-10.