On 14th November 2017, Provisional Measure No. 808/2017 was enacted, which amended changes to Law No. 13467/17, also known as the Labour Law Reform. To access our updated presentation on the Labour Law Reform please click the hyperlink: Labour Reform_24th_November_17 Amongst additions and amendments, approximately 20 articles of the Brazilian Consolidation of Labour Laws (CLT) were significantly modified by the Provisional Measure (MP), including: (i) restricting of the application of the 12hx36h work shifts by workers in the health sector; (ii) changes to the regulation of intermittent work relationship; (iii) modification of the calculation basis for indemnification for moral damages to the contractual salary of the Social Security ceiling; (iv) changes to salary integration monies (allowances, prices and tips); (v) prohibition of pregnant woman from working in unhealthy activities, save if medical authorization permits the employee to work in unhealthy working conditions of minimum and medium degrees; (vi) employee works council without overlapping union’s jurisdiction; (vii) prohibition of exclusivity clause in self-employment contracts and; (viii) determination of full application of the provisions of the Labour Law Reform to existing employment agreements.
The Provisional Measure will produce its effects immediately but will require to be approved by Congress to be definitively converted into law.
Therefore, Provisional Measure No. 808/2017 must be voted by Congress within a maximum period of 120 days, counted as from its effective date, for it to become definitive. If this does not occur, its effects cease and only acts practiced in its observance during the effectiveness period will be valid.