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Law that changes rules for meal allowance and telework is sanctioned

Some sections were vetoed by President Jair Bolsonaro


Law 14.442/22, which changes the rules for meal allowance and regulates telework, was published in the Official Gazette (DOU) on September 5, 2022. The Provisional Measure (MP) No. 1.108 was proposed by Representative Paulinho da Força, from Solidariedade – SP.

The law was sanctioned with vetoes by President Jair Bolsonaro. For example, the section regarding the possibility of withdrawing the meal allowance in cash after 60 days without using the credit was vetoed. The decision was made after consulting the ministries of Economy and Labor and Social Security.

According to specialists, the amount withdrawn could be considered part of the salary, therefore subjected to taxation, besides not meeting its primary purpose of feeding the workers. It is worth mentioning that bar and restaurant associations had already declared themselves against the matter since it would negatively affect their business.

Regarding telework, it is now defined as “the provision of services outside the employer’s premises, predominantly or not, with the use of information and communication technologies, which, by their nature, do not constitute external work”.

Among other changes, the employee submitted to a telework regime may provide services by working hours or by production or task. An individual agreement may provide for the timetables and means of communication between employee and employer, as long as the legal rest periods are ensured.

Employers must give priority to employees with disabilities and employees with children or children under judicial custody up to 4 (four) years of age when allocating vacancies for activities that can be carried out through telework or remote work.

It is worth noting that the telework regime can also be adopted for interns and apprentices.

Bolsonaro also vetoed the mandatory transfer of the residual balance of contributions to trade unions. For the Ministry of Economy, this would go against the fiscal laws and would cause expenses for the Union.

A veto can only be overturned with the votes of an absolute majority of both representatives and senators.

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