Outlook for 2022 - Work

The year 2021 marked the re-creation of the Ministry of Labour, which was previously a body within the Ministry of Economy.

The recreation of the MTP began in July, when the Federal Government published Provisional Measure 1058/2021. With that, the Ministry definitively came back into existence and its attributions are beyond the purview of the Ministry of Economy. The authority was reassigned to the body over Social Security and the complementary and income generation policies. The Undersecretariat for Corporate Affairs and the Secretaries of Labor and Welfare are also once again led by the folder.

From there, the ministry began a process of reviewing and consolidating the Infralegal Labor Framework, which transformed around 1000 acts into 15 new documents. The changes aimed at reducing the bureaucracy of the system. As an example, the Regulatory Norms (NRs) now comply with Law 3874/2019 (Economic Freedom Act), prioritizing high-risk activities, and with different effects for small and medium-sized companies.

Consolidation took place in November, but the publication of the fifteen standards has not yet been finalized. 

OUTLOOK FOR 2022

Review of Regulatory Standards (NRs)

The Federal Government has been reviewing the NRs since 2019. So far, there has been a rectification of Norms 1, 3, 5, 7, 9, 12, 17, 19, 20, 24, 28, 30 and 37 - less than the amount exposed in agenda released by the folder at the beginning of the year. 

About 20 standards still await review or repeal. To this end, in December, after the 8th Extraordinary Meeting of the Permanent Tripartite Paritary Commission (CTPP) of the Ministry of Labor, a calendar was released with the intentions for 2022: 

  • Review of NRs 4, 6, 10, 11, 13, 15 (Annexes 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13A and 14), 16 (Annexes 1, 2, 3, 4, 5 and Ionizing Radiations), 22, 32, 33, 34, 35 and 36; 
  • Harmonization of 8, 14, 21, 23, 25 and 26; 
  • Punctual adjustments in NR 18, about containers, machines. 

Also, a working group was created to develop the necessary adjustments. The fact that 2022 is an election year together with the complexity of some rules can make the government's dream of promoting such action unfeasible, since the work demands detailed studies and extensive discussions. 

Electronic Workplace

With the recreation of the MTP, new ideas were added to the folder. One of them was the Electronic Domicile Trabalhista, which allows the Ministry to notify the employer by electronic communication, such as:

  • Inform the employer of any administrative acts, tax actions, subpoenas and notices in general;
  • Receive, from the employer, electronic documentation required in the course of tax actions or presentation of defense and appeal within the scope of administrative proceedings.

Such communications do not need to be published in the Official Gazette (DOU), and can be accessed from a digital certificate. The measure provides for greater speed in labor proceedings.

For the issue to be approved, a decree must be issued for regulatory purposes. There is still no forecast for the occurrence.

Bulletin updated on 02/16/2022

Prepared by the team of Umbelino Lôbo: Stella Souza, Advisor.

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