Pending in the Senate, labor reform changes overtime rule for some professions

Pending in the Senate, Provisional Measure (MP) 1045, better known as “mini-labour reform”, proposes changes in the current labor legislation, among which a reformulation in the remuneration of overtime for professional categories that have different working hours.

This proposal was added by the deputies to the government’s original text during the process in the Chamber.

These are professions such as telephone operators, lawyers and airline workers, for example, which are guaranteed by law to work shorter than the eight hours a day and 44 hours a week, which are standard according to the Consolidation of Labor Laws (CLT).

The measure proposes that the additional paid for overtime worked by these professionals up to the eighth hour daily will be lower: today, any overtime work must be paid 50% more than the regular hourly contract. According to the text, this additional amount would drop to 20% for this period, which was called “optional complementary day”.

Telephone operators and telemarketers, for example, who can work up to six hours a day, would only receive an additional 20% if they work the seventh and eighth hours.

On the other hand, what is worked after the eighth hour of work in the day will have a remuneration slightly higher than the current one, as explained by the rapporteur of the bill in the Chamber, Deputy Christino Aureo (PP-RJ), in a recent interview with CNN Business.

For these hours, the same 50% additional as today is maintained, but applied on a basis that will be a little higher, because it will consider the average amount received for all the hours performed so far: that is, the value of the regular hour and also the 20% that have already been added a part of them before.

Thus, the total amount of overtime worked after the eighth hour of the day may be at least 57.5% higher than the normal amount, according to simulations carried out by labor lawyers at the request of CNN Brasil Business.

The new form of remuneration would be valid during the pandemic and, after that period, it could be applied if the company wants to.

Text awaits vote in the Senate

The text was approved in the Chamber of Deputies and is now awaiting a vote in the Federal Senate.

MP 1045 is the measure that originally created a new round of the emergency program to reduce working hours and wages during the pandemic, BEm, in April.

In the vote in the Chamber for its renewal this month, the measure received a dozen addenda from deputies who create new forms of hiring and change this and other points of the CLT.