Law no. 14.442 of 2022 was sanctioned by the President of the Republic and published in the Official Gazette on September 5, 2022, with the purpose of regulating, by ordinary law, the teleworking regime and the payment of meal allowances and the Worker's Food Program ("PAT" in Portuguese).
The aspects of Law no. 14.442 of 2022, which originate from the legislative process resulting from Provisional Measure no. 1.108 of 2022, bring important changes to the concept of telework and economic impacts to the employer. On the other hand, the rules regarding meal allowances were already being applied and are useful to completely clear up the doubts surrounding the destination of the funds.
The changes regarding telecommuting can be broken down as follows:
The concept of a teleworking regime no longer presupposes the element of "preponderance" as a necessary characteristic to have the recognition of the provision of services in the teleworking system, and it is enough that the employee performs his function in a hybrid regime to be covered by the provisions of article 75-A of the Labor Law. This interpretation comes from the change in article 75-B of the Labor Law.
The Law also amended article 62, III of the Labor Law, providing that those employees who perform their functions in a telecommuting regime are not exempted from having their working hourscontrolled, except for employees who provide services by task or...
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