Decent Work Agenda: everything that changes in the Labor Code

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The Decent Work Agenda brought changes to employment contracts, the rules for calculating compensation and indemnities for termination of contracts and various workers' rights, which have an impact on companies and various aspects of employment relations.

Law No. 13/2023 of 3 April was published in the Official Gazette, introducing changes to the Labour Code and the Labour Procedure Code, the General Regime for Tax Offences, Law 105/2009 of 14 September (which regulates the Labour Code), the procedural regime applicable to labour and social security offences, the Code of Contributory Regimes of the Social Security Pension System and the legal regime for employment relationships arising from domestic service contracts, among others.

Most of these changes to the Decent Work Agenda come into effect on 1 May 2023.

In this article we will explore what will change in the Labor Code, with a indonesia whatsapp number database impact on the rights and duties of workers, as well as employers, in accordance with the changes to the Decent Work Agenda.

What is the Decent Work Agenda?
The Decent Work Agenda represents a set of measures that aim to improve working conditions and the balance between personal, family and professional life.

What measures are included in the Decent Work Agenda?
The Agenda includes around 70 measures, with the following objectives:

combat precariousness and consequently increase wages;
encourage social dialogue and collective bargaining, so that the solutions found reflect the concrete realities of each situation;
promote equality in the labour market between women and men, with new measures designed to encourage the real sharing of family responsibilities;
create conditions to improve the balance between professional, family and personal life;
strengthen monitoring mechanisms, particularly by cross-referencing data to more effectively detect irregular situations.
Decent Work Agenda: what changes?
Let's look at some of the main measures:

1. 3 days of leave for Pregnancy Bereavement
In cases of termination of pregnancy, when there is no right to leave due to termination of pregnancy, the employee has the right to be absent for up to 3 consecutive days due to bereavement.

When leave due to termination of pregnancy is taken or the employee is absent, the father will have the right to be absent from work for up to 3 consecutive days. To this end, the employee must inform their respective employers, presenting, as soon as possible, proof of the alleged fact, which must be done through a statement from a hospital or health center, or even a medical certificate.
This is an absence that does not result in the loss of any rights and is considered as effective work performed.

2. Leave due to death of spouse will be 20 days
The leave due to the death of a spouse who is not separated from other people will increase from the current 5 days to 20 consecutive days.

3. Right to work leave for workers who are candidates for adoption or foster families
Workers applying for adoption or foster care are now entitled to time off work to undergo assessments or to comply with the obligations and procedures provided for by law for the respective processes.

Previously, this right was limited to the purposes of carrying out an assessment for adoption and was limited to 3 time off work to travel to social security services or to receive technicians at their home.

Furthermore, the list of reasons for dismissal now includes any procedure provided for by law in terms of adoption and dismissal within the scope of adoption and foster care processes is now considered as effective provision of work.

4. Extended teleworking and mandatory payment of expenses to workers
Right to exercise
The right to telework , without the need for an agreement, is extended to parents with children with disabilities, chronic illnesses or oncological diseases, regardless of age, as long as they live together at the same table and in the same house.

Compensation for expenses
The individual employment contract and the collective employment contract must set out the amount of compensation due to the employee for additional expenses for teleworking when concluding the agreement for the provision of teleworking. If there is no agreement between the parties on a fixed amount, additional expenses shall be considered to be those corresponding to the acquisition of goods and/or services that the employee did not have before concluding the teleworking agreement, as well as those determined by comparison with the employee's equivalent expenses in the last month of work in person.
It is planned to set a tax exemption limit for this compensation, but this has yet to be defined by Government order.

5. Payment of overtime with changes
The payment of overtime has also changed when the annual 100 hours of overtime are exceeded. From the 101st hour of overtime per year, the amount to be paid will be the value of the hourly wage plus:

On a working day: 50% for the first hour or fraction thereof and 75% for each hour or fraction of the following hours;
On a weekly rest day or holiday: 100% for each hour or fraction thereof.
6. Pilot project for implementing the 4-day week
The four-day week is also included in the Decent Work Agenda, which provides for the development of a pilot project on this subject. The initiative will start in the second half of 2023 for organizations that have shown their interest, with the technical support of IEFP.

7. New rights for informal caregivers
In addition to the right to work remotely (previously provided for), you will now have the right to:

an annual leave of 5 working days, to be taken consecutively, with written notice to the employer 10 working days in advance of its start, indicating the days on which the leave is to be taken. 15 days of justified absences per year to provide urgent and essential assistance to the person for whom the person is the caregiver, regardless of the family relationship with the person to whom the care is provided.
Right to work part-time or to work flexible hours;
Protection against dismissal and discrimination (obligation to inform CITE of termination of a fixed-term contract or termination of the contract during the trial period. The dismissal of a care worker requires prior approval from CITE, as is already the case with pregnant workers who have recently given birth or are breastfeeding, or workers on parental leave.