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Provisional Measure No. 1,952-22, Of 30 March 2000

Original Language Title: Medida Provisória nº 1.952-22, de 30 de Março de 2000

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PROVISIONAL MEASURE NO. 1.952-22, OF March 30, 2000.

Changes the Consolidation of Labor Laws-CLT, to dispose of the part-time work, the suspension of the contract of work and the professional qualification program, modifies the Laws 6,321, of April 14, 1976, 6,494, of December 7, 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 it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

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

?Art. 58-A. It is considered work on a part-time basis the one whose duration does not exceed twenty-five weekly hours.

§ 1º The salary to be paid to employees under the part-time scheme 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 Part-time Scheme will be made by option manifested before the company, in the intended form in instrument stemming from collective bargaining.? (NR)

?Art. 130-A. In the modality of the partial technical scheme, after each period of twelve months of the employment contract, the employee will be entitled to a vacation, in the following proportion:

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

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

III-fourteen days, for the duration of the 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 greater than five hours, up to ten hours;

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

Single paragraph. The employee hired under the partial-time scheme that has more than seven unjustified tales over the acquisitive period will have their holiday period reduced by half.? (NR)

?Art. 476-A. The contract of employment may be suspended, for a period of two to five months, for participation of the current employee or professional qualification program 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, noted the provisions of the art. 471 of this Consolidation.

§ 1º After the permission granted by means of convention or collective agreement, the employer must notify the respective union, with minimum advance of fifteen days of the suspension contractual.

§ 2º The contract of employment 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 may granting the employee monthly compensatory aid, without a salary nature, during the contractual period of suspension under the caput of this article, with value to be defined in convention or collective agreement.

§ 4º During the period of contractual suspension for ongoing participation or professional qualification program, the employee will make jus to the benefits voluntarily granted by the employer.

§ 5º If the employee's dispensation occurs in the transcourse of the contractual period of suspension or in the subsequent three months upon your 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 in convention or collective agreement, being of at least one hundred percent on the value of the last monthly remuneration prior to the suspension of the contract.

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

§ 7º The deadline set in the caput may be extended upon convention or collective agreement of work and formal acquiescence of the employee, of this than the employer arque with the burden corresponding to the value of the qualification grant, in the respective period.? (NR)

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

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

?Art. 59. ...................................................................................................................................

...........................................................................................................................................................

§ 2º You can be excused the salary addition if, by force of agreement or collective labour convention, excess hours in one day is compensated by the corresponding decrease in another day, in a manner that does not exceed, in the maximum period of one year, the sum of the weekly working days predicted, nor is it exceeded the maximum limit of ten daily hours.

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§ 4º The employees under the partial-time-regime will not be able to pay overtime.? (NR)

?Art. 143. .................................................................................................................................

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

?Art. 628. Save the willing in the arts. 627 and 627-A, to every verification in which the Auditor-Fiscal of Labour concludes by the existence of legal precept violation must correspond, under penalty of administrative responsibility, to the lavrature of self-infringement.

..................................................................................................................................................? (NR)

?Art. 643. .................................................................................................................................

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§ 3º The Justice of the Work is competent, yet, to process and judge the actions between port workers and the port operators or the Organ-Gestor of Labor-OGMO arising from the working relationship? (NR)

?Art. 652. .................................................................................................................................

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

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V-the actions between port workers and the port operators or the Organ Manager-of-Works-OGMO arising from the working relationship;

.................................................................................................................................................? (NR)

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

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

§ 3º The legal persons benefiting from the PAT 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. 4º O § 1º of the art. 1º of Law No. 6,494 of December 7, 1977, passes the invigoration with the following essay:

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

Art. 5º The inciso II of art. 2º of Law No. 7,998 of January 11, 1990, it passes the invigoration with the following essay:

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

Art. 6º Add to the following arts. 2º-A, 2º-B, 3º-A, 7º-A, 8º-A, 8º-B and 8º-C to Law No. 7,998, of 1990:

?Art. 2º-A. For effect of the provisions of the inciso II of the art. 2º, shall be instituted the professional qualification scholarship, to be borne by the Amparo Fund to Worker-FAT, to which he shall jus the employee 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 entered into for this purpose.? (NR)

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

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

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

§ 3º Caberá to the Deliberative Council of the Amparo Fund to Worker-CODEFAT, the establishment, upon resolution, of the remaining conditions indispensable to the receiving of the benefit of which it treats this article, including as to the age and household 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, values, calculation of the number of plots and the remaining operating procedures of payment of the professional qualification scholarship, under 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 as to the dispensation without just cause.? (NR)

?Art. 7º-A The 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 the contractual suspension and return to work;

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

III-by proof of fraud targeting the undue perception of the professional qualification scholarship;

IV-by death of the beneficiary.? (NR)

?Art. 8º-B. In the hypothesis provided for in § 5º of the art. 476-A of the Consolidation of Labour Laws-CLT, the plots of the professional qualification scholarship that the employee has received will be discounted from the installments of the Insurance-Unemployment to which he makes jus, by giving him guaranteed, at the very least, the receipt of a parcel of the Insurance-Unemployment.? (NR)

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

Art. 7º The caput of the art. 2º of Law No. 9,601 of January 21, 1998, passes the vigour 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. 8º To the employee with contract of work suspended pursuant to 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. 9º It is up to the Ministry of Labour and Employment to adopt the administrative arrangements necessary for the implementation of the professional qualification grant, providing access to the benefit as of 1º January 1999.

Art. 10. They are convalidated the acts practiced on the basis of the Provisional Measure No. 1.952-21, of March 2, 2000.

Art. 11. This Interim Measure takes effect on the date of its publication.

Brasilia, March 30, 2000; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Francisco Dornelles