PROVISIONAL MEASURE NO 1.952-31, DE December 14, 2000.

Altera the Consolidation of Labor Laws -CLT, to have on the part-time work, the suspension of the employment contract and the professional qualification programme, modifies the Laws #^s 4,923, December 23, 1965, 6,321, April 14, 1976, 6,494, from 7 de December 1977, 7,998, of January 11, 1990, and 9,601, of January 21, 1998, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º Add the following arts. 58-A, 130-A, 476-A and 627-A, to the Consolidation of Labor Laws-CLT (Decree-Law No. 5,452 of 1º May 1943):

" Art. 58-A. Part-time work is considered to be the one whose duration does not exceed twenty-five weekly hours.

§ 1º The salary to be paid to employees under the partial time regime will be proportional to their journey, in relation to employees who comply, in the same functions, full time.

§ 2º For current employees, the adoption of the partial time regime will be done upon option manifested in the face of the company, in the form provided for in instrument arising from collective bargaining. " (NR)

" Art. 130-A. In the modality of the part-time regimen, after each twelve-month period of employment contract, the employee will be entitled to a vacation, in the following proportion:

I-eighteen days, for the duration of weekly work over twenty-two hours, up to twenty-five hours ;

II-sixteen days, for the duration of weekly work longer than twenty hours, up to twenty-two hours ;

III-fourteen days, for the duration of weekly work longer than fifteen hours, up to twenty hours ;

IV-twelve days, for the duration of the weekly work longer than ten hours, up to fifteen hours ;

V-ten days, for the duration of the weekly work longer than five hours, up to ten hours ;

VI-eight days, for the duration of weekly work equal to or less than five hours.

Single Paragraph. The employed person under the partial time regime who has more than seven unwarranted outlines over the acquisitive period will have his holiday period reduced to half. " (NR)

" Art. 476-A. The employment contract may be suspended, for a period of two to five months, for the participation of the current employee or professional qualification programme offered by the employer, with duration equivalent to the contractual suspension, upon prediction in convention or collective agreement of work and formal acquiescence of the employee, observed the provisions of art. 471 of this Consolidation.

§ 1º After the authorization granted by means of convention or collective agreement, the employer shall notify the respective union, with minimum prior notice of fifteen days of the contractual suspension.

§ 2º The employment contract may not be suspended in accordance with the provisions of the caput of this article more than once in the period of sixteen months.

§ 3º The employer will be able to grant the employee monthly compensation, without a salary nature, during the contractual suspension period in the terms of the caput of this article, with value to be defined in convention or collective agreement.

§ 4º During the contractual suspension period for on-going participation or qualification program professional, the employee will do jus to the benefits voluntarily granted by the employer.

§ 5º If the employee's dispensation occurs in the transcourse of the contractual suspension period or in the three months subsequent to their return to work, the employer will pay the employee, in addition to the compensation parcels provided for in the legislation in force, fine to be established at convention or collective agreement, being at least one hundred per cent on the value of the last monthly remuneration prior to the suspension of the contract.

§ 6º If during the suspension of the contract the course or programme of qualification is not given professional, or the employee will remain working for the employer, will be discharacterized the suspension by subjecting the employer to the immediate payment of wages and social charges for the period, to the penalties provided for in the legislation in force, as well as the penalties provided for in convention or collective agreement.

§ 7º The time limit set in the caput may be extended upon convention or agreement collective of work and formal acquiescence of the employee, of this that the employer plan with the burden corresponding to the value of the professional qualification scholarship, in the respective period. " (NR)

" Art. 627-A. Special procedure for fiscal action may be instituted, objecting to guidance on compliance with labour protection laws, as well as prevention and sanitation of infractions to legislation by Term de Appointment, in the form to be disciplined in the Regulation of Labour Inspection. " (NR)

Art. 2º The arts. 59, 143, 628, 643 and 652 of the Consolidation of Labor Laws-CLT pass vigorously with the following changes:

" Art. 59 ....................................................................................................................................

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§ 2º You may be waived the addition of salary if, by virtue of agreement or collective agreement of work, excess hours in one day is compensated by the corresponding decrease the other day, in a manner not exceeding, in the maximum period of one year, the sum of the weekly working journeys provided, nor is it exceeded the maximum limit of ten daily hours.

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§ 4º The employees under the part-time regimen will not be able to provide overtime. " (NR)

" Art. 143. .................................................................................................................................

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§ 3º The provisions of this article do not apply to employees under the partial time regime. " (NR)

" Art. 628. Save the willing in the arts. 627 and 627-A, to all verification in which the Auditor-Fiscal Labour concludes by the existence of legal precept violation shall correspond, under penalty of administrative responsibility, to the dishwasher of infraction.

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" Art. 643. .................................................................................................................................

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§ 3º The Labour Justice is competent, yet, to prosecute and judge the actions between workers port and port operators or the Labor General Manager-OGMO arising from the working relationship " (NR)

" Art. 652. .................................................................................................................................

a) ............................................................................................................................................

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V-the shares between port workers and the port operators or the Authorising Body of Hand-on-OGMO arising from the working relationship ;

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Art. 3º The art. 1º of Law No. 4,923 of December 23, 1965, passes effect with the following amendment:

" Art. 1º .....................................................................................................................................

§ 1º Companies that waiver or admit employees are required to make their respective communication to the Regional Labour Police Stations, monthly, up to the day seven of the subsequent month or as set out in regulation, in nominal relationship by establishment, from which it will also construct the indication of the Labor and Welfare Portfolio Social or, for those who still do not possess it, under the law, the data indispensable to their personal identification.

§ 2º The fulfilment of the deadline set in the preceding paragraph will be required from 1º January of January 2001. " (NR)

Art. 4º Add the following § § 2º and 3º to art. 2º of Law No. 6,321 of April 14, 1976, turning to the single paragraph of the article mentioned in § 1º:

" § 2º Legal persons benefiting from the Worker Food Programme-PAT will be able to extend the benefit provided for in that Program to the workers by them dispensed, in the transition period for a new job, limited to extension to the six-month period.

§ 3º PAT beneficial legal persons will be able to extend the benefit provided for in this Program to employees who are with a suspended contract for ongoing participation or professional qualification program, limited this extension to the five-month period. " (NR)

Art. 5º The § 1º of the art. 1º of Law No. 6,494 of December 7, 1977, passes vigorously with the following essay:

" § 1º The students referred to in the caput of this article must, demonstrably, be attending courses in higher education, high school education, middle or higher vocational education or special education schools. " (NR)

Art. 6º The inciso II of the art. 2º of Law No. 7,998 of January 11, 1990, passes vigorously with the following essay:

" II-assist workers in the search or preservation of employment, promoting, for so much, actions integrated guidance, recolonation and professional qualification. " (NR)

Art. 7º Add the following arts. 2º-A, 2º-B, 3º-A, 7º-A, 8º-A, 8º-B and 8º-C to Law No. 7,998, 1990:

" Art. 2º-A. For the purpose of the provisions of the inciso II of the art. 2º, the professional qualification scholarship is instituted, to be cost by the Amparo Fund to Worker-FAT, to which it will make jus the worker who is with the contract of work suspended by virtue of ongoing participation or programme of professional qualification offered by the employer, in accordance with the provisions of convention or collective agreement concluded for this purpose. " (NR)

" Art. 2º-B. In exceptional character and within six months, employees who are in involuntary unemployment for the period between twelve and eighteen months, uninterrupted, and who have already been benefaced from receiving the Insurance-Unemployment, will do jus to three installments, of the benefit, corresponding each to R$ 100, to 00 (one hundred reais).

§ 1º The period of twelve to eighteen months that it treats the caput will be counted from the receipt of the first installment of Insurance-Unemployment.

§ 2º The benefit may be integrated with professional and articulated qualification actions with shares of employment to be performed in the domicile localities of the beneficiary.

§ 3º Caberá to the Deliberative Council of the Amparo Fund to Worker-CODEFAT, the establishment, upon resolution, of the other conditions indispensable for receiving the benefit that it treats this article, including as to the age and domicile of the employer to which the worker was bound, as well as the respective limits of commitment of the resources of the FAT. " (NR)

" Art. 3º-A. The periodicity, the values, the calculation of the number of plots and the other operational procedures for payment of the professional qualification scholarship, pursuant to the art. 2º-A of this Act, as well as the prerequisites for habilitation will be the same adopted in relation to the benefit of the Insurance-Unemployment, except for the unfair dispensation without cause. " (NR)

" Art. 7º-A. Payment of the scholarship and professional qualification will be suspended if the termination of the contract of employment occurs. " (NR)

" Art. 8º-A. The benefit of the professional qualification scholarship will be cancelled in the following situations:

I-end of contractual suspension and return to work ;

II-by proof of falseness in the provision of the information necessary to the habilitation ;

III-by proven fraud targeting the improper perception of the qualification grant professional ;

IV-per death of the beneficiary. " (NR)

" Art. 8º-B. In the hypothesis provided for in § 5º of the art. 476-A of the Consolidation of Labor Laws-CLT, the parcels of the professional qualification scholarship that the employee has received will be discounted from the instalments of the benefit of the Insurance-Unemployment to which he makes jus, he shall be assured, at the very least, the receipt of a share of the Insurance-Unemployment. " (NR)

" Art. 8º-C. For the purpose of habilitation to Insurance-Unemployment, the contractual suspension period of which it treats the art is disregarded. 476-A of CLT, for the calculation of the periods of which treat the incisos I and II of the art. 3º of this Act. " (NR)

Art. 8º The caput of the art. 2º of Law No. 9,601 of January 21, 1998, passes vigorously with following essay:

" Art. 2º For the contracts provided for in the preceding article, they are reduced, for thirty-six months, from the date of publication of this Act: " (NR)

Art. 9º The employee with a work contract suspended under the provisions of the art. 476-A of the Consolidation of Labor Laws-CLT applies the provisions of the art. 15, inciso II, of Law No. 8,213 of July 24, 1991.

Art. 10. It is up to the Ministry of Labor and Employment to adopt the necessary administrative arrangements for the implementation of the professional qualification scholarship, making available access to the benefit from 1º January 1999.

Art. 11. The inciso I of § 2º of the art. 14 of Provisional Measure No. 2.037-24 of November 23, 2000, passes vigorously with the following essay:

"I-the company established in the Western Amazon or in the area of free trade ;" (NR)

Art. 12. The acts practiced on the basis of the Provisional Measure No. 1.952-30, of November 16, 2000, shall be convalidated.

Art. 11. This Provisional Measure comes into force on the date of its publication.

Brasilia, December 14, 2000 ; 179º of the Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Francisco Dornelles

Gilmar Ferreira Mendes

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