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

On March 28th, the regulations involving the Home Office Provisional Measure were published in the Official Gazette of the Union. Read the text and learn more!

What is MP Home Office?

It is a provisional measure that aims to regulate the work-from-home modality and make some labor laws more flexible.

MP 1.108/22 came into force on Monday (28), but had already been mentioned by the Government previously.

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

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

The government's intention is that the new rules will adjust the legislation to the needs of remote work.

Primarily because it gained a lot of traction during the pandemic, and is likely to become even more common.

OFFICIAL GAZETTE OF THE UNION ➔

Check out the main rules below. MP Home Office.

What are the new rules outlined in the Home Office Provisional Measure?

In this section you will find the main changes planned for Provisional Measure 1.108/22.

1. Meal allowance

Changes were made to the meal allowance to ensure that workers use the funds exactly for their intended purpose, that is, only for food and purchases at businesses within that sector.

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

This is because the extra costs were passed on to employees through restaurants, ultimately making their meals more expensive.

The provisional measure also provides for a fine for companies that allow meal allowances to be used for other purposes, such as paying for gym memberships, Netflix subscriptions, etc.

The fines can range from R$5 thousand to R$50 thousand; the company may have to pay double if there is any resistance or obstruction to the inspection.

2. Flexibility of hybrid work

For those who don't know, the hybrid work model is when an employee can perform their activities both from the office and from home; there is an alternation between in-person and remote work.

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

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

These agreements can define the days that employees need to be physically present in the office; these days will certainly be chosen according to the company's needs and can be adapted.

3. Remote work from other locations

The provisional measure also includes rules for contracted employees who reside in other locations, that is, those who live in locations different from where they were hired.

In this case, the legislation of the country where the worker signed the contract applies; however, they can relocate to another state or even country, as long as this is stipulated in the individual agreement with the company.

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

Furthermore, the MP Home Office It emphasizes that travel expenses are the responsibility of the worker, however, there may be a free agreement between the company and the employee.

4. Equipment for working from home

Expenses that employees incur for work equipment were also included in the rules of the provisional measure.

Thus, the Provisional Measure highlights the importance of a possible reimbursement from the company to employees; this reimbursement is related to expenses for electricity, internet, and equipment.

Reimbursements 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 work from home will have the same obligations and rights with the INSS (Brazilian National Institute of Social Security).

6. Contract template

The service agreement must explicitly state the work-from-home model.

Furthermore, the employee can be hired based on production, working hours, or even task-based compensation.

For roles where controlling working hours is not a priority, professionals can perform their professional activities whenever they wish.

If the employment contract is for a fixed-term contract, the employer is allowed to remotely monitor working hours, making it easier to pay overtime if regular hours are exceeded.

7. Apprentices and interns

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

These are just some of the rules that involve... remote workHowever, there are still more changes relevant to working from home.

For example, workers with young children up to 4 years old or with disabilities have priority for work-from-home positions.

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

DETAILS OF MP 1.108 ➔

Conclusion

The new rules related to working from home encourage a good relationship between employees and employers.

In most cases, it will be necessary for both sides to reach an agreement so that they can decide together what the best course of action is.

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

Recommended reading: Writing for an interview: 7 tips to succeed!

Nara Sampaio

SEO writer, digital content creator, and virtual assistant. An introvert who found in writing a way to express herself and share knowledge!

April 8, 2022

Career