Brazil: End Of The Term Of Effectiveness Of The Provisional Measure 808/17

Provisional Measure 808/2017

Provisional Measure 808/2017 ("MP 808/2017") was issued to clarify/regulate several points of Law no. 13,467 / 2017, which governs the Labor Reform.

Because it was not approved in time, MP 808/2017 lost its validity on April 23, 2018, again giving effect to the rules in force prior to its publication (with the original Labor Reform wording).

What is it?

Provisional Measure is a temporary legal act through which the President of Brazil can enact laws without the approval by the National Congress. There are two requirements for a Provisional Measure to be adopted: urgency and relevance of the matter to be regulated.

Even though it has immediate legal effects, the Provisional Measure needs to be further appraised by the House of Representatives (so-call "Câmara dos Deputados") and the Senate to be converted, definitively, into an ordinary law.

Term of effectiveness?

The initial term of effectiveness is 60 days, automatically extended for the same period, in case the voting is not completed in the two Houses of the National Congress.

Provisional Measure 808/2017

Provisional Measure 808/2017 ("MP 808/2017") was issued to clarify/regulate several points of Law no. 13,467 / 2017, which governs the Labor Reform.

Because it was not approved in time, MP 808/2017 lost its validity on April 23, 2018, again giving effect to the rules in force prior to its publication (with the original Labor Reform wording).

Labor impacts on the expiration of MP 808/2017

Upon the expiration of MP 808/2017, and, consequently, in view of the lack of the necessary regulation/clarifications, the subject matters covered by said Provisional Measure were again regulated solely by Law no. 13,467 / 2017, in its original wording.

As a result, the company that has implemented a change in light of MP 808/2017 cannot at the outset make detrimental changes to its employee's employment agreement (which should be analyzed on a case-by-case basis).

This situation leaves the company in a vulnerable position in relation to the changes already implemented, since, upon the expiration of MP 808/2017, they are no longer protected by law.

Main changes as of the expiration of the Provisional Measure:

SCALE 12×36

With the fall of MP 808/2017, the parties can establish a work shift of 12×36, even by Individual Written Agreement.

As for the entities operating in the health sector, paragraph 2nd, of art. 59-A, of MP 808/2017, provided the 12×36 shift by individual written agreement, collective agreement or collective bargaining agreement. However, currently, due to the end of its term, there is no legal provision that authorizes this type of work shift.


Due to the fall of MP 808/2017, it was again determined that the intermittent labor contract should contain, specifically, only the value of the hour (said value cannot be lower than a minimum wage or less than the salary paid to the other employees of the establishment carrying out the same activity).

In addition, the following procedures were re-introduced:

  • After the call/offer to work, the employee will have a deadline of 1 (one) business day to respond to the call, presuming, in case of silence, the refusal;
  • Accepted the offer to work, the part that fails, without due cause, will pay to the other part, within thirty days, a fine of 50% (fifty percent) of the remuneration that would be due, allowing compensation in equal deadline;
  • The period of inactivity will not be considered time available to the employer, and the worker can provide services to other contractors;
  • At the end of each service period, the employee will receive the immediate payment of the remuneration; vacation proportional + 1/3; 13th salary (Christmas bonus); weekly paid rest; additional legal provisions;
  • The employer will make the payment of the social security contribution and deposits of the FGTS, according to the law, based on the amounts paid in the monthly period and will provide the employee with proof of compliance with these obligations.


With the fall of MP 808/2017, only the amounts, even when customary, paid as allowance, food allowance, not including cash payment, travel allowances, premiums and allowances are not considered as employee's remuneration, do not form part of the employment agreement and do not constitute basis for the incidence of any labor and social security charges.

The tip is intended for workers and will be distributed according to costing and apportionment criteria defined in a collective bargaining agreement. If these methods are not defined in a collective bargaining agreement, the apportionment and distribution systems of the tip and the expected retention percentages will be defined at the general meeting of the workers.


With the expiration of MP 808/2017, the self-employed employee can work with or without exclusivity and continuously or not, without mischaracterizing the form of hiring.


Only pregnant employees exposed to a maximum degree of unhealthiness will be removed immediately. With respect to the other grades, there will only be withdrawal when a medical certificate is presented for this purpose.


The reparation for off-balance damages may be claimed cumulatively with the compensation for material damages resulting from the same harmful act.

With the expiration of MP 808/2017, the court will fix the compensation to be paid, according to the salary of the affected employee, in one of the following parameters, the accumulation is forbidden:

  • For offense of a light nature – up to three times the amount of the salary;
  • For offense of average nature – up to five times the value of the salary;
  • For offense of a serious nature – up to twenty times the value of the salary;
  • For offense of very serious nature – up to fifty times the value of the salary;

In the event of a recurrent offense, the judge may double the amount of the indemnity.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Ana Lúcia Pinke Ribeiro de Paiva
Stella Neves Ferreira Piauí
Marília Chrysostomo Chessa
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions