by Mariana Capozoli

Published on March 28, 2022, Provisional Measure (“MP”) No. 1,108 governs telework or remote work and the payment of meal allowances. It also provides for the hybrid (in-person and remote) work model which, although adopted by many companies, had yet to be regulated.
The Provisional Measure has immediate effect, limited to 60 (sixty) days, extendable for an equal period, and if it is not converted into Law within the legal deadline (up to 120 days), it will lose its effect.

Regarding the meal allowance, the Provisional Measure limited the use of the amounts to paying for meals in restaurants and commercial establishments, and if the employer or the company issuing the meal allowance misuses the purpose of the amount, a fine of BRL 5 thousand up to a limit of BRL 50 thousand may be imposed, doubled in the event of repeat offenses or obstruction of inspection.

As for telework/remote work, the Provisional Measure stressed that this arrangement must be expressly set out in the employee’s individual employment contract, and that the concept of telework/remote work may encompass the provision of services predominantly outside the employer’s premises, so that the employee’s attendance — even if habitual — to carry out specific activities will not invalidate the telework/remote arrangement, which allows for the hybrid system.

Control of working hours for employees under the telework/remote regime will be mandatory, except where the work is performed on a production or task basis. In the case of telework/remote work, time spent using the technological tools used for the employee’s normal work will not constitute time at the employer’s disposal, standby or on-call time, unless provided for in an individual agreement, collective agreement or collective bargaining agreement.
The Provisional Measure also introduced the adoption of the telework regime for interns and apprentices.

Since work may be performed outside the employer’s premises, the Provisional Measure stresses that an employee hired in Brazil who chooses to work outside the national territory will be protected by Brazilian law, unless otherwise provided. In this case (work outside the national territory), the employer will not be responsible for the expenses of returning to in-person work.

Employees within the national territory will follow the legal provisions applicable to the territorial base of the establishment to which the employee is assigned.
Finally, priority for the telework/remote arrangement was established for employees with disabilities and employees with children or children under legal guardianship up to 4 years of age.