Decree No. 6 of 8,479, of JULVHO of 2015 Regulates the provisions of provisional measure no. 680, of 6 July 2015, establishing the employment protection program.
The President of the REPUBLIC, in the use of the powers conferred. 84, caput, sections IV and VI, paragraph a, of the Constitution, and in view of the provisions of provisional measure no. 680, of 6 July 2015, DECREES: Art. 1 this Decree regulates the employment protection program-PPE, that treats the provisional measure no. 680, of 6 July 2015.
Art. 2nd Is created the employment-protection program PCAP, in order to establish the rules and procedures for membership and the functioning of this program.
§1 the PCAP will be composed of the following Ministers of State: I-of labor and employment, which will coordinate;
II-the planning, budgeting and management;
IV-the development, industry and foreign trade; and V-head of the General Secretariat of the Presidency of the Republic.
§2 Ministers of State referred to in paragraph 1 may be represented by their Executive Secretaries.
§ 3 the Executive Secretariat of the PCAP will be exercised by the Secretariat of public policies for employment of the Ministry of labor and employment.
Art. 3 the PCAP set: I-the conditions of eligibility for membership of the EUROPEAN PEOPLE'S PARTY, subject to the provisions of art. 6;
II-how to join the PPE;
III-conditions of permanence in the EPP, subject to the provisions of art. 7;
IV-the rules of operation of the PPE; and V – chances of suspension and termination of membership in the EPP.
§ 2 the PCAP will edit the rules and procedures referred to in the caput within fifteen days, counted of the date of publication of this Decree.
§ 3 the PCAP can create sectoral monitoring groups, advisory in character, with the equal participation of employers and workers, to monitor the program and offer your improvement.
Art. 4 the Executive Secretariat of the PCAP: I-receive, analyze and grant requests for membership of the EUROPEAN PEOPLE'S PARTY; and II-provide technical and administrative support necessary for the PCAP.
Art. 5 the Ministry of labor and employment provide for the payment of pecuniary compensation contemplated in art. 4 of provisional measure no. 680, from 2015.
Art. 6 To join the PPE, the company must prove, in addition to other conditions defined by PCAP: I-record on the national register of the legal entity? CNPJ for at least two years;
II-tax, social security and regularity on the guarantee fund-FGTS Service time;
III-your financial hardship situation, from information defined by PCAP; and IV-existence of collective labour agreement specific, registered at the Ministry of labor and employment, pursuant to art. 614 of Decree-Law No. 5,452, may 1, 1943. Consolidation of labor laws.
Sole paragraph. For the purposes of the provisions of item I of the caput, in case of request of membership by company branch, can be considered the record time in the CNPJ of the array.
Art. 7 the period of membership of the PPE, the company cannot hire employees to perform, in full or in part, the same activities performed by employees covered by the programme, except in cases of: I-replacement; or II-use of concluinte of learning course in the company, pursuant to art. 429 the consolidation of labor laws, since the new employee is also covered by the membership.
Art. 8 the specific collective bargaining referred to in §1 of art. 3 of provisional measure no. 680, from 2015, must be concluded between the contractor of the PPE and the workers ' Union representative of your dominant economic activity category and shall contain at least the following: (I)-the intended period of membership in the EPP;
II-the percentages of reduction of working hours and reduction of remuneration;
III-the establishments or sectors of the company to be included in the EPP;
IV-the relationship of workers covered, identified by name, registration numbers in the registration of Individuals? SOCIAL SECURITY and Social integration program PIS; and V-the Constitution of Joint Commission composed of representatives of the employer and employees covered by PPE for follow-up and monitoring of the program and of the agreement.
(1) the specific collective bargaining agreement must be approved in Assembly of workers covered by the program.
(2) for the collective bargaining agreement, company will demonstrate to the Union that were sold out holiday periods, including press conferences, and the hours.
§ 3 the company will provide prior to the Union the economical and financial information to be presented to the PPE.
§ 4 changes to the collective agreement of specific work should be submitted to the Executive Secretariat of the PCAP.
Art. 9 this Decree shall enter into force on the date of your publication.
Brasília, 6 July 2015; 194 of independence and 127 of the Republic ROUSSEFF Manoel Dias Nelson Barbosa