|
|
Which established remote work for pregnant women while the state of health calamity due to Covid- lasts, left some loopholes, pointed out by experts. Dollar Photo ClubAccording to the text, sanctioned by Jair Bolsonaro on Thursday (/), the pregnant employee will not be able to carry out her activities in person, but will be available to work "at her home, through teleworking, remote work or other way of working remotely". Lawyers Ana Paula Ferreira Vizintini and Paula Ottero , from the Labor Law team at Schmidt, Valois, Miranda, Ferreira & Agel, point out important questions that were not answered by the text of the law. "In the current scenario, as has already been happening with other various labor standards related to the fight against coronavirus, the law initially raises some questions, still without clear and objective answers, such as: (i) the pregnant woman will be able to remotely carry out activities other than those carried out in person? (ii) the pregnant woman may have her employment contract suspended or her working hours and salary reduced with supplementation by government programs or will the employer have to pay the entire remuneration? (iii) what is the situation of the domestic worker, who is it active at home, but different from yours?”, they ask.
"As with other legislative innovations, only Greece Phone Number time will dictate and pacify understandings on this matter, but, out of caution, we always suggest paying attention to the so-called mens legis , or the legislator's intention with the promulgation of the text", they say. "In the hypothesis of the law under discussion, the idea is to remove pregnant workers — included in a recognized risk group in the pandemic scenario — from the risk of exposure in face-to-face work, without compromising their livelihood. Therefore, the evaluation of possible alternative measures to respect must always follow this same inspiration." Roberto Kurtz , labor partner at Kincaid Mendes Vianna Advogados, agrees. "As the law does not make any type of reservation and the intention was precisely to protect pregnant women and the unborn child from the risks of Covid-, it would be the employer's responsibility to pay salaries even without providing services", stated the lawyer. He points out some alternatives. "In these cases, the employer could seek alternatives to assign the employee other activities, as long as they do not go beyond the scope of the contract and are compatible with her personal condition, or even make use of the temporary suspension of the employment contract expressly authorized by article of Provisional Measure No.
" Erika Mello , specialist in labor compliance at PG Advogados, recalls that, in addition to the new law, "pregnant employees cannot be dismissed either, as they enjoy a guarantee of employment from confirmation of pregnancy until five months after giving birth". If the employer is unable to provide the necessary equipment for working from home, preventing the pregnant employee from working, the period of normal working hours must be counted as working time available to the employer. "In other words, the worker will not be able to suffer any harm." "It is recommended that employers make the rules clear and formalize in the best way possible and necessary", continues the lawyer, in order to guarantee monitoring and support to the employee during the period in which the contract has to be adapted. "Although the MP has waived, in order to change the regime to one of the forms of distance work, the need for an individual and collective agreement, as well as the prior registration of the change in the individual employment contract, it is recommended that employers leave the clear rules and formalize in the best possible way what is possible and necessary."
|
|
發表於 17:48:09