Brazil: Bill regulates telework, telework and other forms of non-presentational work for pregnant workers



Draft Law No. 2058/2021 (BL), initiated by the Chamber of Deputies on July 6th, 2021, proposes amendments to the most recent and controversial Law No. 14.151 / 2021, which deals with the removal of pregnant workers from construction site work during the health emergency of national importance of the new coronavirus.

The BL regulates in particular (i) telework, (ii) telework and / or (iii) other forms of non-presentational work, in particular with regard to pregnant workers.

The main points discussed in the BC are: (a) a pregnant worker who is fully vaccinated against COVID-19 is not entitled to the vacation set out in Law 14.151 / 2021; and (b) in the absence of teleworking or remote working, the employer may temporarily suspend the employment contract, at which point the worker will be entitled to emergency employment and income benefits.

The draft law is still in progress and many of its aspects can still be adjusted due to the loopholes in Law 14.151 / 202, which have been the subject of intense debate.

The BL strives to maintain the protection of pregnant workers so that they can be removed from work on site with full pay. In addition, the main aim of the BL is to support companies (especially small and medium-sized enterprises) whose revenues have been and remain affected by the pandemic and which are forced to pay the full salaries of pregnant workers without them being impossibly due to activate yourself remotely.

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