Law No. 13189, Of 19 November 2015

Original Language Title: Lei nº 13.189, de 19 de novembro de 2015

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LEI NO. 13,189, OF November 19, 2015

Institutes the Employment Protection Programme-PPE.

THE CHAIRWOMAN OF THE REPUBLIC

I get to know that the National Congress decrees and I sanction the following Law:

Art. 1º It is established the Employment-EPP Protection Program, with the following objectives:

I-enabling the preservation of jobs at times of retrenchment of economic activity;

II-favoring the economic recovery-financial from the companies;

III-sustaining aggregate demand during times of adversity, to facilitate the recovery of the economy;

IV-stimulate productivity of the work by increasing the duration of the employment bond; and

V-fostering collective bargaining and perfecting employment relations.

Single paragraph. The EPP consists of action to assist the workers in the preservation of employment, in the terms of the inciso II of the art caput. 2º of Law No. 7,998 of January 11, 1990.

Art. 2º They can join the EPP as companies from all sectors in an economic-financial distress situation that celebrate collective agreement of specific journey reduction and salary.

§ 1º The membership of the EPP may be made by December 31, 2016, and the maximum term of stay in the programme is twenty-four months, respected the date of extinction of the programme.

§ 2º It has priority to join the company demonstrating to observe the quota of persons with disabilities.

Art. 3º May join the EPP as companies, regardless of the economic sector, under the conditions set out in the act of the Executive Power and that they comply with the following requirements:

I-celebrate and present collective agreement of work specific, in the terms of the art. 5º;

II-submit request for membership of the EPP to the body defined by the Executive Power;

III-present the relationship of the employees covered, specifying the individual salary;

IV-have registration in the National Cadastro of the Legal Perth-CNPJ there are, at minimum, two years;

V-substantiate the tax regularity, previdionary and relative to the Service Time Guarantee Fund-FGTS; and

VI-to substantiate the situation of economic-financial distress, grounded in the Net Employment Indicator-ILE, considering in this situation the company whose ILE is equal to or less than 1% (one percent), ascertained on the basis of the information available in the Cadastro General of Employees and Unemployed-CAGED, being that the ILE consists of the percent represented by the difference between admissions and layoffs accumulated in the twelve months prior to that of the EPP membership request divided by the number of employees in the month prior to the beginning of that period.

§ 1º For purposes of the provisions of the inciso IV of the caput, in case of application for membership by a company branch, it may be considered the time of registration in the CNPJ of the matrix.

§ 2º The regularity of which treats the inciso V of the caput should be observed during the entire period of membership of the EPP, as a condition for permanence in the programme.

Art. 4º The employees of companies who join the EPP and have their salary reduced, in the terms of the art. 5º, make jus at a pecuniary compensation equivalent to 50% (fifty percent) of the wage reduction value and limited to 65% (sixty-five percent) of the maximum value of the share of the insurance-unemployment, while endure the reduction period temporary of the work journey.

§ 1º Act of the federal Executive Power shall have on the form of payment of the pecuniary compensation of which it treats the caput, borne by the Amparo Fund to the Worker-FAT.

§ 2º The value of the salary paid by the employer, after the reduction of which treats the art caput. 5º, it cannot be lower than the value of the minimum wage.

Art. 5º The collective agreement of specific work for membership of the EPP, concluded between the company and the representative workers union of the category of the company's preponderant economic activity, can reduce by up to 30% (thirty percent) the journey and the salary.

§ 1º The agreement must be approved in an assembly of the workers covered by the programme and must dispose of:

I-total number of employees covered by the reduction and its identification;

II-specific establishments or sectors of the company covered;

III-percent reduction of the journey and proportional or lower reduction of the salary;

IV- intended period of membership of the EPP and temporary reduction of the work journey, which must be lasting up to six months, and may be extended for periods of six months, provided that the total period does not exceed twenty four months;

V-period of guarantee in employment, which shall be equivalent, at a minimum, to the increased journey reduction period of one third;

VI-constitution of parity commission, composed of representatives of the employer and of the employees covered by the EPP, to monitor and scrutinize compliance with the agreement and the programme, except in microenterprises and small businesses.

§ 2º The collective agreement of specific work that it deals with this article will not have about other working conditions.

§ 3º The company must demonstrate to the union that the hours banks have been exhausted, in addition to providing the econo-financial information.

§ 4º It is provided for the celebration of multi-purpose collective agreement the group of microenterprises and small enterprises, of the same economic sector, with the representative workers union of the category of the preponderant economic activity.

§ 5º In the hypothesis of § 4º, the parity commission of which it treats the inciso VI of § 1º will be composed of representatives of the employer and the union of workers who celebrate the collective multiple work arrangement of specific work.

§ 6º For the purposes of the incisos I and II of § 1º, the agreement shall cover all employees of the company or, at the very least, the sector employees or specific establishment.

§ 7º For the purposes of the provisions of § 4º, each microenterprise or small business enterprise should individually demonstrate compliance with the requirements required for membership of the EPP.

§ 8º The reduction of which treats the caput is conditional on the conclusion of collective agreement of specific work with the union of representative workers of the category, observed the provisions of the art. 511 of the Consolidation of Labor Laws-CLT, approved by the Decree-Law No. 5,452, 1º May 1943.

Art. 6º The company joining the EPP is prohibited from:

I-dispense arbitrarily or without fair cause employees who have their journey of work temporarily reduced while invigorating the membership of the EPP and, after their termination, during the period equivalent to one-third of the membership period;

II-hire employed to perform, wholly or partially, the same activities carried out by employee covered by the program, except in the hypotheses of:

a) reposition;

b) taking advantage of learning course complete in the company, pursuant to art. 429 of the Consolidation of Labor Laws-CLT, approved by the Decree-Law No. 5,452, 1º May 1943.

§ 1º In the hiring hypotheses provided for in points (a and b of the inciso II of the caput, the employee shall be covered by the specific collective work agreement.

§ 2º During the period of accession, the achievement of overtime by the employees covered by the programme is prohibited.

Art. 7º The Company may denounce the EPP at any time as long as it communicates the act to the syndicate that has entered into the collective agreement of specific work, its employees and the Executive Power, in advance of thirty days ' minimum, demonstrating the reasons and the overcoming of the situation of economic-financial distress.

§ 1º Only after the thirty-day deadline, can the company demand fulfillment of the full work journey.

§ 2º The guarantee of employment shall be maintained, pursuant to the original membership of the EPP and its accruals.

§ 3º Only after six months of the complaint, can the company join the EPP again, should it show that it faces new situation of economic-financial distress.

Art. 8º It is excluded from the EPP and barred from joining the programme again the company that:

I-unfulfilling the terms of the specific work collective agreement concerning the temporary reduction of the work journey or any other device of this Act or its regulation;

II-commit fraud within the framework of the EPP; or

III-for convicted by court decision carried on trial or self-administered administratively after decision final in the administrative process by working practice analogous to that of slave, child labour or degrading.

§ 1º The company that discomplies with the collective agreement or the standards relating to the EPP is obliged to refund to the FAT the resources received, duly corrected, and to pay administrative fine corresponding to 100% (one hundred per a) of that value, calculated double in the case of fraud, to be applied as per Title VII of the Consolidation of Labor Laws-CLT, passed by the Decree-Law no 5,452, from 1º May 1943, and reversed to the FAT.

§ 2º For the purposes of the provisions of the inciso I of the caput, the complaint that it treats art. 7º is not considered to be disfulfilled from the terms of the specific collective labor agreement.

Art. 9º pecuniary compensation integrates the remunerative plots for effect of the provisions of the inciso I of the art. 22 and in § 8º of the art. 28 of Law No. 8,212, of July 24, 1991, and of the provisions of the art. 15 of Law No. 8,036 of May 11, 1990.

Art. 10. They shall remain governed by the Provisional Measure No. 680 of July 6, 2015, the adhesions to the PPE already approved, applying this Act to the solicitations of accession or extension in tramway on the date of their publication or protocoled from that date, being provided to companies to extend the deadlines and the adoption of the remaining conditions provided for in this Act by additive to the specific collective agreement of work.

Art. 11. The EPP extinguishes itself on December 31, 2017.

Art. 12. This Act comes into force on the date of its publication, with the exception of the provisions of the art. 9º, as to Law No. 8,212 of July 24, 1991, which takes effect on day 1º of November 2015.

Brasilia, November 19, 2015; 194º of Independence and 127º of the Republic.

DILMA ROUSSEFF

Nelson Barbosa

Miguel Rossetto