The approximately 21,000 state workers who work remotely will not be entitled to compensation for increased costs of telecommuting, contrary to what the changes in labor law for the private sector stipulate, the secretary general of the Federation of Public Affairs Trade Unions said yesterday . Administration (Fesap), José Abraão, after a meeting with the Secretary of State for Public Administration, Inês Ramires. The executive confirmed but commits to review this matter by the end of 2026, an official source from the Presidency Ministry revealed to Dinheiro Vivo.
During the meeting with Fesap, the Secretary of State will have argued that “there is no legal basis” to apply the payment of fees in remote working in public services, since “public administration collective agreements do not concern monetary matters”, José stated Abraao.
An official source from the Ministry of the Presidency, which oversees the civil service, explained to DN/Dinheiro Vivo that “as far as teleworking is concerned, it is important to clarify that the regime provided by the Labor Code applies, with the necessary adjustments, to the public administration”, one of these “adjustments” is not paying expenses. However, “in the Multi-annual Agreement for the Valorisation of Civil Servants in Public Administration, the government has committed itself within the legislature to the revision of the collective labor regulation instrument applicable to general careers with regard to the organization of working time, namely in the field of teleworking,” added Mariana Vieira da Silva’s ministry.
Now the amendments to the Labor Code, which entered into force on May 1, stipulate that “the individual employment contract and the collective bargaining agreement, when concluding the agreement to perform telework, determine the amount of compensation due to the employee for additional costs” . In the absence of an agreement, “ancillary costs are those corresponding to the acquisition of goods and/or services that the employee did not have before the conclusion of the agreement, as well as those determined by comparison with the employee’s homologous expenses in the last month of working under face-to-face”, can be read on the same diploma.
In addition, the new law stipulates that the government must set a maximum cap by ordinance on the exemption from IRS and social contribution of the compensation paid for the increased costs of remote work, similar to what is already happening today with the subsidy meals, but gives no deadlines for this regulation. However, these changes do not apply to the National Office.
In January, the Presidency Minister reported that 21,000 employees were working remotely, showing that no one had asked for reimbursement. In the updated information sent to DN/Dinheiro Vivo yesterday, the guardianship confirms the numbers, stating “to date there has been no report of a request for payment of expenses involving telecommuting”.
Fesap’s leader is also unaware of the existence of paid compensation, exposing situations where services refuse to reimburse workers: “We have examples of telework schemes in public institutions, where it is said that telework is allowed only if there’s no place.” to pay the costs”. According to the union leader, “only with an amendment of the General Law on Public Functions or legislative measures” will it be possible to restore equality between the public and private sectors. The president of the Union of Technical State Staff (STE) Maria Helena Rodrigues also indicated that “the cost of telecommuting is not part of the convergent regime”, therefore “the STE will have to go back to the negotiating table to urge the government to the same rules of the Labor Code are applied,” he defended.
Extra work
The increase in overtime pay from 100 hours, which came into effect on May 1 in the private sector, will not even apply to civil servants. The three unions representing the state workers (Fesap, Frente Comum and STE) demanded the same regime at yesterday’s supplementary meeting, but the State Secretary of Public Administration has so far refused any progress in that direction.
It should be remembered that what is provided for private companies is the doubling of the increase in the payment of hourly wages from 100 hours: 50% for the first hour or part thereof, 75% per hour or subsequent part, on a working day day, and 100% for each hour or part thereof, on a mandatory or additional weekly rest day, or on a public holiday. It means that government employees are paid below the private rate from 100 hours onwards: 25% for the first hour or portion thereof, 37.5% per hour or subsequent portion thereof, on a business day, and 50% for each hour or portion thereof, on a weekly day off or on public holidays.
Parental leave paid at 90%
The Council of Ministers today approved the increase in the parental leave subsidy from 83% to 90% of gross salary, when parents opt for a shared scheme of 180 days and the father enjoys at least two months exclusively (and not just one, as now), already after the mandatory period of 28 consecutive days. Also the extended leave subsidy, which can be taken in the three months following the first, will increase from 25% to 30% and when split between the mother and father it will increase to 40%. This change applies in both the public and private sectors. Today also approved the conversion into public service of a novelty included in the labor legislation, which allows the employee to request sick leave of up to three days via the SNS24.
Salomé Pinto is a journalist for Dinheiro Vivo
Source: DN
