PROVISIONAL MEASURE NO. 2.076-34, OF February 23, 2001

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 n 4,923, of December 23, 1965, 6,321, of April 14, 1976, 6,494, December 7, 1977, 7,998, January 11, 1990, and 9,601, of January 21, 1998, and gives others providences.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the 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 May 1943):

" Art. 58-A. Work on a part-time basis shall be considered for the one whose duration does not exceed twenty five hours weekly.

§ 1º The salary to be paid to employees under the part-time scheme will be commensurate with their journey, in relation to the employees who comply, in the same functions, full time.

§ 2º For current employees, the adoption of the partial-time regime will be made by option manifested before the company, in the intended form in instrument arising from collective bargaining. " (NR)

" Art. 130-A. In the modality of the part-time 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 contractual suspension.

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

§ 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 their return to work, the employer will pay the employee, in addition to the prescribed indenizatory plots 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 vocational qualification program, or the employee stays working for the employer, it will be discharacterized 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 to the penalties provided for in convention or collective agreement.

§ 7º The limit term fixed in the caput may be extended upon convention or collective agreement of work and formal acquiescence of the employee, provided that the employer arque with the burden corresponding to the value of the scholarship professional qualification, 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 Regulation of the Inspection of Labour. " (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. ....................................................................

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§ 2º Could be waived 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 journeys planned work weekly, 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 does not apply to 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.

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

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§ 3º The Justice of the Work is competent, yet, to prosecute and judge the actions between port workers and the port operators or the Labor Manager of Labor-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 Labor Manager Organ-OGMO arising from the working relationship;

....................................................................................... " (NR)

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

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

§ 1º Companies dispensing or admitting employees are required to make their respective communication to the Regional Labor Officins, monthly, up to day seven of the subsequent month or as set out in regulation, in nominal relation by establishment, of which it will also build the indication of the Labor and Social Welfare or, for those who do not yet possess it, in the terms of the law, the indispensable data to your personal identification.

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

Art. 4º Add 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 period of transition to a new job, limited to extension to the six-month period.

§ 3º Legal persons benefiting from the PAT will be able to extend the benefit provided for in that Program to employees who are with suspended contract for ongoing participation or professional qualification program, limited this extension to the period of five months. " (NR)

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

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

Art. 6º 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 workers in the search or preservation of employment, promoting, for so much, integrated actions of guidance, recolocation and professional qualification. " (NR)

Art. 7º Add to the following arts. 2º-A, 2º -B, 3º -A, 7º -A, 8º -B, and 8º -C to Law No. 7,998, 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 concluded 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 at three installments of the benefit, corresponding each to R$ 100.00 (hundred reais).

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

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

§ 3º Caberá to the Deliberative Council of the Amparo Fund to the Worker-CODEFAT the establishment, upon resolution, of the remaining conditions indispensable to the receiving of the benefit of which it treats this article, inclusive 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 FAT resources. " (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-The one of this Act, as well as the prerequisites for habilitation will be the same as those 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 professional qualification grant will be suspended if the termination of the employment contract 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 aiming at the undue perception of the professional qualification scholarship;

IV-for 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 share of the Insurance-Unemployment. " (NR)

" Art. 8º -C. For the purpose of enabling the Insurance-Unemployment, the period of contractual suspension of which it treats 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. 8º The art caput. 2º of Law No. 9,601 of January 21, 1998, passes the vigour with the following essay:

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

Art. 9º 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. 10. It is up to the Ministry of Labor and Employment to adopt the administrative arrangements necessary for the implementation of the professional qualification grant, making access to the benefit available from 1º January 1999.

Art. 11. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.076-33 of January 26, 2001.

Art. 12. This Interim Measure shall come into force on the date of its publication.

Brasilia, February 23, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente