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Brazil: Law that determines removal of pregnant women from face-to-face work during the period of the Covid-19 pandemic

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published on 19 May 2021 | reading time approx. 2 minutes

  

On Wednesday, 12 May 2021, President Jair Bolsonaro sanctioned the law 14.152/21, guaranteeing that the pregnant employee will be removed from in-person work during the period of the Covid-19 pandemic, with the objective of preserving the family entity and protecting pregnant women. 

 

According to the text, the pregnant employee will remain away from her presential activities, without prejudice to her remuneration, being available to carry out activities at home, through teleworking, remote work or other form of distance work.
 
The law generates discussions, since public health is a duty of the State, however, not all job positions can be perfomed on remote work - and the new law does not provide for any compensation in these cases.
 
Check out the full text:

LAW No. 14,151, OF 12 MAY 2021
Provides for the removal of the pregnant employee from face-to-face work activities during a public health emergency of national importance due to the new coronavirus.

THE PRESIDENT OF THE REPUBLIC: I inform you that the National Congress decrees and I sanction the following Law:

Article 1. During a public health emergency of national importance resulting from the new coronavirus, the pregnant employee must remain away from face-to-face work activities, without prejudice to her remuneration.
Single paragraph. The employee on leave under the caput of this article will be available to carry out activities at home, through teleworking, remote work or other form of distance work.

Art. 2 This Law enters into force on the date of its publication on 12 May 2021.

Although the law is not clear, the relocation of the employee is possible, provided that the new activities are compatible with the employee's abilities and that there is no reduction in salary, but it is worth remembering that if the company has no other function compatible with distance work and it is not possible to perform any activity during this period, the employee must still be paid normally by the employer. 

At this point, however, it is important to remember Provisional Measures 1045 and 1046, which established the Emergency Program for the Maintenance of Employment and Income, as well as providing for labor measures to deal with public health, among them: suspension of the labor contract, reduction of working hours and salary, anticipation of individual vacations, granting of collective vacations, use and anticipation of vacations, time bank.

We are monitoring the situation and will inform you of any changes that may affect your business in Brazil. Rödl & Partner Brasil has specialized professionals who can assist in the preparation and review of documents, as well as structuring the business. 

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