The Nationwide Congress accredited on Wednesday (3) the provisional measure that modifies the principles on the fee of meals assist. The thought of together with money fee, which was thought-about by the rapporteur, was himself withdrawn from the proposal, after lobbying. One of many accredited adjustments states that if there’s a steadiness on the meal voucher after 60 days, the cash might be withdrawn by the employee.
A spotlight of the Republicans tried to suppress the passage, however, topic to the settlement reached by the leaders of the get together, the bomb was stored within the MP. There may be an interpretation that the money fee of that residual steadiness could forged doubts on the character of the profit, though the CLT signifies that it’s indemnity in nature – and, subsequently, no fees are charged to it.
For the chief of the Republicans within the Chamber, Vinicius Carvalho (SP), the measure makes the help a form of wage, on which social and labor fees may very well be utilized to the employer and earnings tax to the employee. “When it’s transformed into cash, one other level, there will probably be no management over whether or not the worker buys drinks, cigarettes, different issues that aren’t meals. There will probably be a distortion of this system,” he stated.
Senator Flávio Bolsonaro (PL-RJ), rapporteur of the mission, additionally criticized the gadget and indicated that it is going to be vetoed by President Jair Bolsonaro (PL). “The textual content, because it arrived from the Chamber, will generate authorized uncertainty and can be a danger for the employee. Risk that these assets will probably be withdrawn by the employee after the 60-day deadline, this will probably be seen by the Income Company as a remuneration character and taxable, which is painful for the employee, “he stated.
“I believe this text ought to really be vetoed. I believe along with the benefit, for causes of legality,” he added.
In line with the Brazilian Affiliation of Bars and Eating places (Abrasel), the likelihood that the upkeep allowance might be withdrawn in money by staff if not used inside 60 days it’s nonetheless a danger for the sector. For the establishment, this measure distorts the first operate of the help, which is to ensure the employee’s meals, as it can enable the worth for use in different sorts of bills.
One other novelty considerations the free portability of the service ranging from 1 Could 2023. That’s, employees will have the ability to select the cardboard by which they may obtain the advantages. The fundamental textual content was accredited within the Chamber of Deputies with 248 votes in favor and 159 in opposition to. MEPs rejected the proposed adjustments.
Hours later, the senators symbolically accredited the essential textual content and likewise overturned the proposed amendments. The proposal goes straight to the president’s sanction.
The speaker withdrew from the money fee
The unique textual content despatched by the federal government had as its most important goal to stop the assets of the meal vouchers from getting used for different functions. In the course of the proceedings within the Chamber, the rapporteur, Paulinho da Força (Solidariedade-SP), considered inserting a tool that offered for fee in money, and never solely within the meal voucher playing cards made out there by the businesses.
The measure has aroused the response of assorted sectors, particularly business institutions, which argued that the profit would now not be used for the acquisition of meals. The rapporteur made adjustments to the textual content which displeased the federal government. Considered one of these permits for the adoption of an open fee scheme, which delegates accountability for accrediting eating places to card manufacturers. Immediately, those that do it are the operators of the meal voucher playing cards.
The profit for commerce union headquarters was included within the textual content
Paulinho da Força’s report additionally gives for the potential of transferring the leftovers of the obligatory commerce union contribution, which was extinguished in 2017, to the commerce union facilities. Honorary President of Força Sindical, Paulinho was chosen as speaker of the parliamentarian as a result of proximity he has with the mayor, Arthur Lira (PP-AL).
The gadget that offers with the potential of transferring the residual steadiness of commerce union dues to the ability vegetation ought to shut the dispute over the useful resource, which may exceed R $ 600 million. This quantity would have been transferred to the Ministry of Labor on account of compilation errors on the time. These assets ought to have already been delivered to the entities, in accordance with them – and the textual content satisfies them.
The financial staff is finding out to advocate the veto of the gadget, however considers that, given the help of the highest of the Home, the measure could also be innocent. The textual content additionally introduces provisions on teleworking and establishes that the presence of the employee within the office for particular duties, even when within the normal manner, doesn’t de-characterize distant work.
Telework might be contracted for journey, manufacturing or exercise. Within the case of a manufacturing contract, the top of the Consolidated Legislation on Labor Legal guidelines (CLT) which offers with the length of labor and which gives for the management of working hours is not going to apply. In line with the textual content, a person settlement can cowl the hours and technique of communication between the worker and the employer, offered that authorized relaxation durations are ensured.
The availability of the MP gives that the time of use of the technological gear, infrastructures, software program, digital instruments or apps used for teleworking outdoors the worker’s regular working day doesn’t represent time out there, readiness or availability. . This solely happens if there’s a provision in a person settlement or a collective settlement or settlement. (Renato Machado, Thiago Resende and Danielle Brant / Folhapress)