Model: LGPD Adherence Form

Thanks to the technological context, many companies are trying to adapt to institute teleworking for their employees. To help regularize the formal status of these workers, we have prepared this guide with the main information necessary to change the employment contract of your employees.

WE MAKE AVAILABLE FREE OF CHARGE FLUXIA, A TOOL FOR THE ELECTRONIC SIGNATURE OF YOUR TERM.

• What is telecommuting?
• Template for “Additive Term to the Employment Contract”
• Minute highlights
• Use the template
• Wisdom for caustics
• References

What is telecommuting?

In the COVID-19 pandemic scenario, Provisional Measure No. 927/2020 (MP 927/20) was published, which determined measures”to face the economic effects resulting from the state of public calamity and to preserve employment and income”. Among these, there is the possibility that employers Change the face-to-face work regime for telework, remote work, or other type of remote work (Home office).

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According to the Consolidation of Labor Laws (CLT), teleworking is characterized by the provision of services predominantly outside the employer's offices, with the use of information and communication technologies that, by their nature, make it impossible to control the working day.

According to MP 927/20, this labor possibility of using technological tools does not depend on the existence of individual or collective agreements, without prior registration of the change in the individual employment contract. The only requirement is that the employee be notified of the determination within a minimum period of 48 hours. However, if possible and in order to comply with the usual rules of labor law, it is worth formalizing the situation in an Amendment to the Employment Contract.

The main points to be mentioned relate to the appropriateness of the rules for the use of equipment, responsibility for costs, expenses and work equipment, working hours (if controlled), and occupational health and safety.

Clicksign warns that the model considers general rules and that it must always be analyzed and adapted to the specific situation, taking into account the reality of each company and of each employment relationship.

See below for a step-by-step guide on how to use this template.

highlights

• Clause 3: maintenance of the object of labor compensation.
• Clause 5: mention of the separate agreement to be made by the parties regarding the equipment to be used by the employee.
• Clause 6: the obligation of confidentiality of information must be maintained by the employee.
• Clause 9: The return to face-to-face work is conditioned by the end of the Calamity period brought about by Covid-19 and a 48-hour notice from the employer.
• Annex: best practice suggestions for the home office.

LIKE ANY CONTRACT, THE ADDITIVE TERM CAN HAVE A MAJOR IMPACT ON YOUR BUSINESS. THEREFORE, THE GUIDANCE OF A LAWYER IS INDISPENSABLE.

Use the template

• To simply receive the model of the Amendment to the Employment Contract to regulate teleworking, click here.

• For send for free the Term for signing through the Fluxia, click here.

Wisdom for causticS

“Within the typical situation proposed by art. 62, I, of the Labor Code (external labor not susceptible to working hours control), three other important possibilities can be inserted, from the point of view of the working world:
1) the traditional work at home, which has existed in social life for some time and is common to certain professional segments, such as seamstresses, workers in the footwear sector, confectioners, etc.;
2) the new work at home, called home-office, based on information technology, new communication media, and converging electrical and electronic equipment;
3) teleworking, which can be combined with the home-office, but can also take place in different places where today's established electronic equipment is used (computers, internet, cell phones, etc.).
The last two possibilities (paragraphs b.2 and b.3) now merited express mention in the new item III of art. 62 of the Labor Code, thus entitled: “III - employees on a teleworking basis”.”

DELGADO, Mauricio Godinho. Labor law course: revised and updated work in accordance with labor reform law and subsequent regulatory and jurisprudential innovations. 18th edition. São Paulo: LTr, 2019. page 1068.

References

Work at the employee's home - Control of working hours and responsibility for the cost of the equipment involved, by Juliana Bracks Duarte - Click here.

Live from the startup Agree with specialist lawyer Thiago Carvalho about labor changes brought about by Covid-19 - Click here.

The impact of teleworking on the new socioeconomic order, by Daisy Lucchesi - Click here.