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Brazil

4. Teleworking

Policies and procedures for telework once the business reopens.

Telework remains an option and is an alternative already established by the Brazilian Labour Code (CLT). It requires amendments to the employment contract, health and safety guidelines, and agreement by the parties with respect to infrastructure and costs.

Guidelines issued by some states and cities, advise employers to continue to offer accommodations for employees who need to continue to work remotely (e.g. employees who fall within one or more at-risk-groups).

Recommendations for teleworking:

  • provide at least the minimum work conditions for the employee (computer, accessories, internet, etc.);
  • if the employee is not released from control of working hours, advise him/her to fill out a spreadsheet with the working hours actually performed, with subsequent delivery to the manager or the HR department;
  • issue, in writing, instructions to the employee regarding the observance of ergonomics, conservation of the equipment provided by the company, organisation, concentration and fulfillment of tasks;
  • if necessary, issue a warning or suspension via teleconference (e.g. video or audio teleconferencing platforms like Skype and Zoom) and confirm the application of the disciplinary measure in writing, by email;
  • in case of termination during this period, the company should observe the mandatory termination procedures, such as payment of the mandatory severance and delivery of the termination documents within 10 days, counted as of the last day worked. The termination medical examination will be necessary, unless a work-related medical examination, performed in the last 180 days, already exists.
Any questions

Ask our member firm TozziniFreire in Brazil