DECREE NO. 8,479, DE 6 OF JULVHO DE 2015

Regulates the provisions of the Provisional Measure No. 680 of July 6, 2015 establishing the Employment Protection Program.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignments that confers him on art. 84, caput, incisos IV and VI, paragraph "a", of the Constitution, and in view of the provisions of the Provisional Measure No. 680 of July 6, 2015,

DECRETA:

Art. 1º This Decree regulates the Employment-EPP Protection Program, of which it treats the Provisional Measure No. 680 of July 6, 2015.

Art. 2º The Committee on Employment-CPPE Protection Program is set up, with the purpose of establishing the rules and procedures for the accession and operation of this Program.

§ 1º The CPPE will be composed of the following State Ministers:

I-from Work and Employment, which will coordinate it ;

II-of Planning, Budget and Management ;

III-of the Fazenda ;

IV-from Development, Industry and Exterior Trade ; and

V-Head of the Secretariat-General of the Presidency of the Republic.

§ 2º The Ministers of State referred to in § 1º may be represented by their Executive Secretary-Executives.

§ 3º The Executive Officer of the CPPE will be exercised by the Office of Public Employment Policies of the Ministry of Labour and Employment.

Art. 3º Competes for CPPE to define:

I-the conditions of eligibility for membership of the EPP, observed the provisions of the art. 6º;

II-the form of membership of the EPP ;

III-the conditions of stay in the EPP, observed the provisions of the art. 7º;

IV-the rules of operation of the EPP ; and

V-the possibilities of suspension and interruption of membership of the EPP.

§ 2º The CPPE will edit the rules and procedures of which it treats the caput within fifteen days, counted from the date of publication of this Decree.

§ 3º The CPPE will be able to create sectoral monitoring groups, of an advisory character, with the equitable participation of entrepreneurs and employees, to accompany the Programme and to propose its improvement.

Art. 4º Competes to the CPPE Executive Secretariat:

I-receive, analyse and deferral the requests for membership of the EPP ; and

II-provide the necessary technical and administrative support to the CPPE.

Art. 5º Competes with the Ministry of Labour and Employment to have on the form of payment of the pecuniary compensation that it treats art. 4º of Provisional Measure No. 680, 2015.

Art. 6º To join the EPP, the company should substantiate, in addition to other conditions defined by the CPPE:

I-registration in the National Cadastro of the Legal Person? CNPJ has been for at least two years ;

II-fiscal, previdual regularity and relative to the Service Time Guarantee Fund-FGTS ;

III-your situation of economic difficulty-financial, from information defined by CPPE ; and

IV-existence of specific labor collective agreement, registered in the Ministry of Labor and Employment, in the terms of art. 614 of Decree-Law No. 5,452, from 1º May 1943? Consolidation of Labor Laws.

Single Paragraph. For the purposes of the provisions of the inciso I of the caput, in case of request for membership by a company branch, the registration time on the CNPJ of the matrix may be considered.

Art. 7º In the period of accession to the EPP, the Company shall not be able to hire employees to perform, in whole or in part, the same activities exercised by the employees covered by the Program, except in the cases of:

I-reposition ; or

II-utilization of finishing course of learning in the company, in the terms of art. 429 of the Consolidation of Labor Laws, provided that the new employee is also covered by membership.

Art. 8º The specific collective work agreement referred to in § 1º of the art. 3º of the Provisional Measure No. 680, 2015, is to be concluded between the requesting company of the EPP membership and the employee union representative of the category of its preponderant economic activity and should contain, at the very least:

I-the intended period of membership of the EPP ;

II-the percentage reduction in work journey and reduction in remuneration ;

III-the establishments or the sectors of the company to be covered by the EPP ;

IV-the relationship of the covered workers, identified by name, enrollment numbers in the Physical Person Cadastro? CPF and in the Social Integration Program-PIS ; and

V-the provision of joint commission constitution made up of representatives of the employer and of the employees covered by the EPP for monitoring and surveillance of the Programme and the agreement.

§ 1º The specific working collective agreement should be approved in assembly of the employees covered by the Programme.

§ 2º For the pactuation of the specific labor collective agreement, the company will demonstrate to the union that the holiday periods, including collectives, and the banks of hours have been exhausted.

§ 3º The company will first provide the union with the economic-financial information to be submitted for membership of the EPP.

§ 4º The changes in the specific working collective agreement should be submitted to the CPPE Executive Secretariat.

Art. 9º This Decree shall enter into force on the date of its publication.

Brasilia, July 6, 2015 ; 194º of Independence and 127º of the Republic

DILMA ROUSSEFF

Manoel Days

Nelson Barbosa