Brazil: 巴西劳工改革一年后的影响

Last Updated: 6 February 2019
Article by Joyce Martinusso

历代最深入的一套劳工法——巴西劳工法,已改革历时一年。虽然巴西对此改革有高度期待,但效果却不及预期。

上述劳工改革主要是为了现代化管理雇员关系的法律框架,进而重振经济表现。但巴西在应用新条例的司法层面上,仍面临许多不稳定因素。当地公司已意识到这个问题,其中也有很多公司未能在业务上实施这些改变。

间歇性工作制度的改革

新劳工法其中一个最具争议性的部分是有关"间歇性工作"的主题,惟却相对地获得成功。在新改革下,公司可以聘请以时薪计算的员工,并且可以在需要时才聘请他们。然而,这改革引起的担忧是,公司可能会雇用随传随到的员工,借此取代全职员工,并且只在不愿支付超时薪水时聘请这些员工。然而,这些将改革付诸于行动的公司,实际上却帮助了雇主,让他们在有需要时能获得灵活调动的劳动力。

尽管劳工法改革理应会为巴西创造新的就业机会,可惜却没有达到预期的效果。巴西地理统计研究院(IBGE)的最新研究显示,巴西失业人数仍超过1200万人,尽管如此,根据最高劳工法院,劳工诉讼的数目确实有所减少。巴西的劳工诉讼案件在一年内锐减70%。回顾2017年11月,新诉讼案达289,700宗,今年11月已减少至89,000宗。

灵活的上班时间和假期

在改革之前,"时间银行"(Bank of Hours)建议已提呈给工会批准。如今,针对时间银行,雇主和员工之间能有更多商讨空间,并且会阐明在个人协议中。一些公司已为员工整合出灵活的工作时间系统。

这些改革对假期政策的影响是:假期有可能被划分成三个阶段,而前提是,员工需要获得授权,一个阶段的假期至少是14个工作日。

雇员合约

改革对巴西的另一个影响是,员工在过去一年可以与雇主协商终止雇员合约。以前,雇员只有在被解雇的情况下,才会得到遣散费,这导致部分员工会主动要求雇主解雇。如今,新的法案允许员工在双方同意并获得遣散费的情况下,终止员工合约。

不稳定性

虽然劳工法改革已一年之久,但有些公司仍基于某些原因,拒绝遵守法例。最高法院有超过20宗诉讼案内容是质疑部分变化的合法性,如设定道德损害的赔偿限额。由于政治环境改变,在新领导人掌政后,巴西人不相信劳工法改革会持续生效。但是,若公司不遵守,新法例无疑将令公司错失商机。

TMF Group 

TMF巴西办事处能协助您的公司在劳工法改革后保持合规营运,如此一来,您就不会错失任何机会。TMF Group已随时预备,让您的公司从改革中受惠,并且根据新条例拟定新政策。欢迎 与我们的专家联系,了解更多相关资料。

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