Decree No. 10.854 of November 10, 2021 was published in the Federal Official Gazette on November 11, 2021, consolidating 34 decrees regarding labor matters, in addition to creating the Permanent Program for Consolidation, Simplification and Debureaucratization of Infra-Legal Labor Rules and the National Labor Award.
The subjects covered by this consolidation are:
I – Permanent Program for Consolidation, Simplification and Debureaucratization of Infra-Legal Labor Rules;
II – National Labor Award;
III – Electronic Labor Inspection Book – eLIT ;
IV – inspection of labor protection and health and safety rules;
V – guidelines for drafting and review of the Regulatory Rules of labor health and safety;
VI – certificate of approval of individual protective equipment;
VII – electronic record of working hours;
VIII – mediation of collective labor disputes;
IX – third-party service provider companies ;
X – temporary work;
XI – Christmas bonus (13th salary);
XII – individual and collective rural labor relations;
XIII – transportation vouchers;
XIV – Corporate Citizen Program (Programa Empresa Cidadã),
XV – situation of workers hired or transferred to provide services abroad;
XVI – weekly paid rest and payment of salary on civil and religious holidays, pursuant to the provisions of Law No. 605, of January 5, 1949;
XVII – Annual List of Social Information (Relação Anual de Informações Sociais – RAIS); and
XVIII – Worker’s Food Program (Programa de Alimentação do Trabalhador – PAT).
Thirty-four (34) decrees on the topics mentioned above were revoked.
The Decree will become effective within 30 days of its publication, except for the items below, which will become effective within eighteen months, also counted from the date of its publication:
- § 1 of art. 174 (arrangement for payment of benefits related to food);
- art. 177 (interoperability arrangement for payment of benefits related to food); and
- cart. 182 (portability of payment for food, in the scope of PAT).
The full text of Decree may be consulted at: https://www.in.gov.br/en/web/dou/-/decreto-n-10.854-de-10-de-novembro-de-2021-359085615
In addition to Decree No. 10.854/2021, several ordinances of the Ministry of Labor were published on the same date, regulating subjects of its competence.
Among them, there is Ordinance No. 671, of November 8, 2021 (https://www.in.gov.br/en/web/dou/-/portaria-359094139), which governs matters related to labor legislation, labor inspection, public policies and labor relations regarding, among others:
I – Social-security card – CTPS;
II – employment contract, in particular:
- registration of employees and recording on the CTPS;
- independent contractor work;
- intermittent work;
- consortium of rural employers; and
- contract and contractual note of professional musicians, artists and entertainment show technicians;
III – partnership agreement between beauty salons and professionals;
IV – authorization to hire a worker by a foreign company to work abroad;
V – working hours, in particular:
- transitory authorization to work on Sundays and holidays;
- permanent authorization to work on Sundays and holidays; and
- extension of working hours in unhealthy activities;
- entry and exit time in a manual, mechanical or electronic record;
VI – effects of salary debts, delay on FGTS payment, continuous delay on salary and FGTS payments;
VII – place for guarding and assisting the children during the period of breastfeeding;
VIII – daycare reimbursement;
IX – professional registration;
X – registration of temporary employment company;
XI – systems and records, in particular:
- electronic labor inspection book – eLIT;
- replacement of information in CAGED (General Register of Employed and Unemployed) and RAIS systems;
- provision and use of information contained in the databases of CAGED, RAIS, Unemployment Insurance, Emergency Benefit for Preservation of Employment and Income – “BEm” and the New Emergency Benefit for Preservation of Employment and Income – “Novo BEm”;
- registration of employees through Caixa Econômica Federal (Federal Savings Bank); and
- Brazilian Classification of Occupations – CBO;
XII – measures against discrimination at work;
XIII – work in conditions analogous to slavery;
XIV – activities of direction, advising and party-political support;
XV – union entities and collective labor agreements, in particular:
- registration with the National Registry of Union Entities – CNES and union certificate;
- collection and distribution of the urban union contribution;
- registration of collective-bargaining agreements; and
- mediation in collective labor negotiations;
XVI – guidelines for inspection on micro and small businesses;
XVII – simulation of contract termination and withdrawal of FGTS in fraud against the law; and
XVIII – guidelines for execution of professional apprenticeship and the National Registry of Professional Apprenticeship (Cadastro Nacional de Aprendizagem Profissional – CNAP).
It is important to highlight that the aforementioned Ordinance not only consolidated the topics addressed in more than 170 ordinances and sparse normative instructions, but it also modified several regulated issues, some in an important way.
Among them, we highlight topics such as recording of working hours, authorization to work on Sundays and holidays, and the Worker’s Food Program.
The Ordinance will enter into force on December 10, 2021, except for provisions on recording of working hours in manual, mechanical or electronic ways and the ones regarding apprenticeship.
We will continue to monitor and study the impacts of the changes introduced. We will remain at your disposal in case of any doubts and to assist you with the adoption of any necessary measures.