Monday, 30 June 2014
Thursday, 26 June 2014
Even if you are not a football fan, the eyes of the world are on BRAZIL, so, here's a few things maybe you didn't know about being an employee in that country.
1. Employing foreign nationals Organisations with three or more employees that employ foreign nationals must ensure that at least two-thirds of their workforce is Brazilian. Foreign nationals require a visa to work in Brazil.
2. Be aware of quotas
Employers with 100 or more employees are required to employ a minimum quota of employees with disabilities or who have undergone rehabilitation by the social security authorities.
3. “13th month payment”
Every year, employees are entitled to be paid a “13th month” of salary by their employer. This is also known as the Christmas bonus and is paid in two instalments.
4. No annual leave without 12 months’ service
Staff are not able to take paid annual leave until they have completed 12 months’ service with their employer. They are only able to take “collective” holidays (where an employer imposes holiday that all employees must take at the same time).
5. Redundancy doesn’t exist
There is no legal concept or definition of redundancy in Brazil. An employee who is dismissed due to the employer’s financial difficulties, insufficient work or a company restructuring would face a “dismissal without cause”, and this entitles him or her to a notice period and severance package.
6. Use of agency workers is limited
Employers can only use temporary agency workers in certain circumstances – where they need to meet an exceptional increase in workload or cover employees who are absent. Temporary work agencies must be registered with the Ministry of Labour and Employment to be able to employ workers and assign them temporarily to “user” companies.
7. Positive action is permitted in certain circumstances
Brazilian employment law permits, although does not require, organisations to adopt temporary “positive action” measures aimed at establishing equality between women and men. They are allowed to launch initiatives to correct “distortions” that affect women’s access to employment, working conditions and training.
8. Employer contributions
All employees have an account with the national Fundo de Garantia do Tempo de Serviço (Service Guarantee Fund), into which their employer must pay the equivalent of 8% of the employee’s pay per month. Employees are entitled to withdraw the balance as a severance payment in certain circumstances.
9. Contracts can be terminated at any time
An employer or employee can generally terminate a contract at any time without any particular reason, providing proper notice is given. There are protections for those in certain circumstances, such as pregnancy or maternity.
10. No obligation to inform or consult
There is no general statutory obligation to inform and consult employees or their representatives. Trade unions do not have a general right to be informed and consulted, for example on collective redundancies or business transfers. If they are, this entitlement will be based only on collective agreements.
My Comment: As always, the grass will seem greener over the fence, but there's not much here to make our lives any easier. web-page
If an employer decides to reject an employee’s request to work flexibly, it must do so for one of the
- the burden of additional costs;
- an inability to reorganise work among existing staff;
- an inability to recruit additional staff;
- a detrimental impact on quality;
- a detrimental impact on performance;
- a detrimental effect on ability to meet customer demand;
- insufficient work for the periods the employee proposes to work; and
- a planned structural change to the business.
The line manager must not reject a request for any other reason.
For example, an employee works in a call centre between 8am and 4pm. She has submitted a request to work between 10am and 6pm to avoid peak-time traffic. The employer has discussed the request with the employee. However, it does not feel able accommodate the employee’s proposal as the hours that they currently work are when the company receives the most calls from its customers, and seeing as the company is already short-staffed, it does not feel that it can cope with a reduction in staff working at the time that the employee works. The employer can reject the request on the basis that the change in the employee’s working time would have a detrimental effect on the company’s ability to meet customer demand. It could also reject the application if, because of a shortage in staff, it would be unable to reorganise the employee’s work.
My Comment : Well, we will just have to see won’t we? Employees have an amazing ability to come up with the most bazaar interpretations of new legislation, and I don’t expect this will be any easier to interpret! see webpage