MP Home Office: learn about the new rules that have come into force

On March 28, the regulations involving the Home Office MP were published in the Official Gazette of the Union. Read the text and find out more!

The home office work model gained strength during the pandemic and was adopted by most companies as a safety measure.

During this period, a lot has changed and some companies have discovered how this work model has been advantageous for them and their employees as well.

In this way, what was a temporary security measure ended up becoming a permanent model. In this case, the need arose to regulate home office so that neither party is harmed.

Then came the MP Home Office. Read the text and find out what it is and what the main rules are.

See our index below:

• What is MP Home Office?
• What are the new rules?
• 1. Food assistance;
• 2. Hybrid work flexibility;
• 3. Remote work from other locations;
• 4. Equipment for work;
• 5. Social security contributions;
• 6. Contract model;
• 7. Apprentices and interns;
• Conclusion.

What is MP Home Office?

It is a provisional measure that aims to regulate the home office work model and make some labor standards more flexible.

MP 1,108/22 came into force on Monday (28), but had already been cited by the Government previously.

Although it has already been published in Official Gazette of the Union and already have the status of law, it still needs to pass through the National Congress to become definitive laws.

However, the Federal Constitution allows changes to be made through provisional measures in labor legislation.

The Government's intention is for the new rules to adapt legislation to the needs of remote work.

Mainly because it gained a lot of strength during the pandemic, in fact, with a tendency to become increasingly common.

Check out the main rules below MP Home Office.

What are the new rules provided for in the Home Office MP?

In this topic you will find the main changes planned in Provisional Measure 1,108/22.

1. Food assistance

There were changes to the food allowance to ensure that the worker uses the resources exactly for the intended purpose, that is, only on food and businesses in the segment.

Furthermore, the granting of discounts or reductions in fees when contracting companies that provide this assistance is prohibited. 

This is because the extra amounts were passed on to employees through restaurants and ended up making their food more expensive.

The provisional measure also provides for a fine for companies that allow food assistance to be used for other purposes, for example, paying for gym memberships, Netflix monthly fees, etc.

The fine amounts can vary between R$1,040,000 and R$1,040,000, and the company can pay double if there is any resistance or obstruction to inspection.

2. Hybrid work flexibility

For those who don't know, the hybrid work model is when the employee can carry out their activities from the office and from home as well, there is an intercalation between the in-person and remote models.

This work model has also become common during the pandemic and brings many benefits to the company and the employee.

THE MP Home Office intensifies the adoption of this work model, as it believes that employees will have more freedom to move around, as long as there is an agreement with the employer.

In these agreements, the days that employees need to be in the office in person can be defined; they will certainly be chosen according to the company's needs and can be adapted.

3. Remote work from other locations

The provisional measure also defines rules for contracted employees who reside in other locations, that is, those who reside in locations other than the one from which they were hired.

In this case, what applies is the legislation of where the worker signed the contract, however, he can move to another state or even country, as long as this is stated in the individual agreement with the company.

Even if he works in Brazil, but for a company in another country, what applies are Brazilian labor laws.

Furthermore, the MP Home Office highlights that travel costs are the responsibility of the worker himself, however, there may be a free agreement between the company and the contractor.

4. Equipment for working from home

The expenses that the employee has with work equipment were also not excluded from the rules of the provisional measure.

Thus, the MP highlights the importance of a possible reimbursement from the company to employees, this reimbursement is related to expenses with electricity, internet and also equipment.

Refunds cannot, under any circumstances, be deducted from employees’ salaries.

5. Social security contributions

There will be no changes related to social security obligations. Therefore, professionals who follow the home office work model will have the same obligations and rights with the INSS.

6. Contract model

The service provision contract must explicitly state the home office work model.

Furthermore, the employee can be hired based on production, working hours or even tasks.

For roles where controlling working hours is not a priority, the professional can carry out their professional activities whenever they wish.

If the hiring is based on working hours, the employer is allowed to remotely control the working hours, making it easier to pay overtime if the regular hours are exceeded.

7. Apprentices and interns

The rules of MP Home Office also includes apprentices and interns. In this case, they can carry out their activities in a hybrid model or from home.

These are just a few rules surrounding the remote work, but there are still more changes relevant to the home office.

One example is that workers with young children up to 4 years old or those with some kind of disability have priority for home office positions.

To know all the details of the MP 1.108, click here.

Conclusion

The new rules related to home office encourage good relations between employees and employers.

In most cases, there will need to be an agreement between both sides so that they can decide together what is the best way forward.

Furthermore, it greatly benefits the professional and gives them greater freedom to decide and negotiate what is best for their role.

Recommended reading: Writing for an interview: 7 tips to do well!

Nara Sampaio April 8, 2022