Any company, not just employment agencies, that does not have a license to carry out this activity, i.e. to transfer workers to other employers, will be forced to integrate these precarious workers into their workforce, according to an article proposed by amendment of the government on labor legislation, approved by parliament this Tuesday under the Decent Work Agenda.
In its current formulation, Article 173 of the Labor Code already provides for this type of sanction, but limits it to designated private employment agencies. The executive’s proposal “clarifies and expands the fight against uncertainty, taking into account all companies,” explains DN/Dinheiro Vivo, the coordinator of the Decent Work Agenda working group, Fernando José. The Socialist deputy notes that until now “companies not registered as temporary workers but carrying out this activity have escaped punishment”. This “dispels the doubt that a company, whatever its nature, will not be able to temporarily send workers to another entity if it does not have the relevant permit”, he emphasizes.
The siege of job insecurity does not end here. The Assembly of the Republic also approved an amendment to article 179.º proposed by the government, which extends the prohibition of succession of fixed-term or fixed-term contracts with an employee within the same group of companies, regardless of activity, before one third of the duration of the contract has expired. Currently, the law only considers this practice illegal within the same company, to the exclusion of other entities of the same company.
“After the maximum duration of the contract for the provision of temporary agency work, the succession in the same position of a temporary worker or a fixed-term employment contract is entered into with the same employer or controlled company, or group relationship with the latter, or common organizational structures are maintained. , before the expiry of a period equal to one third of the duration of the said contract, including renewals”, reads the proposal approved by Parliament.
paid telecommuting
The calculation of the additional costs associated with teleworking has also been clarified, to the benefit of the employee. Together with the amendments tabled by BE and approved by Parliament this Tuesday, the methodology for measuring additional costs in remote work now takes into account the same month of face-to-face work and not just the same month of the previous year, “to the extent that, in certain situations, that year could already be a year of telecommuting, which would jeopardize the measurement of the increase in expenses for the employee,” explains the blockist deputy, José Soeiro to DN/DV.
But before these accounts, a fixed monthly amount must be fixed, which is in the employment contract or collective agreement, within the framework of the telecommuting agreement, somewhat in accordance with what the PCP came to defend. In the absence of an agreement between the parties, additional costs for remote work must be calculated. It should be remembered that the telework law, which entered into force on January 1 of this year, already provides for the obligation to pay the employer for the cost increase when working remotely.
Exceptions to Adaptability
Next Thursday, delegates will vote further on the specific changes to the labor law. One of the government’s proposals on the table that needs to be approved is to increase the number of cases in which workers are exempted from the adaptability regime, which provides for an increase in the daily working day by up to four hours and the working week with up to 60 hours. For example, not only employees with children under the age of three can refuse these flexible working hours, but also employees with children with a disability or chronic illness, regardless of their age, or children between 3 and 6 years old, provided they provide a statement that the other parent has a professional activity and is unable to provide assistance.
PS deputy Fernando José acknowledges that “the voting marathon of the Agenda for Decent Work should continue in January 2023”, but hopes that “the new Labor Law will come into force at the beginning of this year”.
Salomé Pinto is a journalist for Dinheiro Vivo
Source: DN
