Antea Group experts walk you through new Brazilian labor reform and its Implications for work at home/ home office employees. From a December 2017 webinar. For more information, go to https://us.anteagroup.com/en-us/ehsxtech.

2. Hilton Lucio
ANGEL
Ambiental
Cibelle Linero Goldfarb
BMA
Peylina Chu
(facilitator)
Antea Group
Presenters

3. Home Office Legislation
New Brazilian Labor Reform and
Its Implications for Work at
Home (Home Office)
14 December 2017

4. Context
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 Brazil has approved significant
changes in the Brazilian Labor Law
 The new rules are likely to impact the
relationship between employers and
employees in a number of ways
 Very important changes have been
made in legislation regarding the
home office
 Due to the country’s size and
distribution of economic activities, a
number of sectors employ people to
work in a home office

5. Definitions
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Reference:
http://www.planalto.gov.br/ccivil_03/_ato20
15‐2018/2017/lei/L13467.htm
 CLT – Consolidation of Labor Laws
 NR – Regulatory Standards
 Teletrabalho – Activities in a Home
Office
 Trabalho Externo – Work that is
performed outside the premises of
the company (for example:
telephone installers, drivers and bus
collectors, bin men, etc.); does not
fit this law

6. Art. 75‐A
The provision of services by the employee on a
home office basis shall comply with the provisions of
this Chapter
Art. 75‐B
Home Office is considered to be the provision of
services predominantly outside the employer’s
premises, with the use of information and
communication technologies which, by their nature,
do not constitute external work
Law for Labor Reform in Home Office
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A n a l y s i s :
This law applies only to employees
who work in a Home Office, using
information and communication
technologies.
It does not apply to outside work
activities, which in turn, are
naturally performed outside the
company premises.

7. Law for Labor Reform in Home Office
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A n a l y s i s :
The Home Office
requires the annotation
of your work contract.
Each company should develop
models specific to the needs of
each employee‐employer
relationship, because it is the
employment contract that will
establish various nuances and
details of the employment
relationship, guaranteeing all labor
rights.
Art. 75‐C
The provision of Home Office Services must be
expressly included in the individual work contract,
which will specify the activities that will be
performed by the employee
Paragraph 1
The change between face‐to‐face and home office arrangements
may be made provided there is mutual agreement between the
parties, recorded in a contractual addendum
Paragraph 2
The Home Office Regime may be changed to face‐to‐face by
determination of the employer, guaranteed a minimum transition
period of fifteen days, with corresponding registration in a
contractual addendum

8. Law for Labor Reform in Home Office
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A n a l y s i s :
The work contract must specify
the responsibility of providing
resources for the execution of
activities, both technological
resources and the infrastructure
necessary to perform work,
without being part of the
condition that defines the
employee’s salary.
Art. 75‐D
Provisions relating to the responsibility for the
acquisition, maintenance and/or supply of
technological requirements and the infrastructure
necessary and adequate to the provision of remote
work, as well as the reimbursement of expenses
incurred by the employee, shall be provided for in a
written contract
Single Paragraph
The utilities mentioned in this article are not part of the
employee’s compensation

9. Law for Labor Reform in Home Office
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A n a l y s i s :
It is the responsibility of the
employer to effectively educate
employees on the health and
safety of work at the Home Office
and ensure compliance.
Art. 75‐E
The employer should instruct the employees, in an
explicit and unambiguous manner, about the
precautions to be taken in order to avoid work‐
related illnesses and accidents
Single Paragraph
The employee shall sign a statement of responsibility to follow the
instructions provided by the employer

10.  Formalize the work contract for Home Office
 Recommend that the company provide or
require infrastructure for the employee to
perform his or her work in an ergonomically
correct manner
 Understand the different working conditions of
your home employees and provide
information and signage for emergency
procedures and contacts
9
General Analysis
For Company Responsibility in Occupational
Health and Safety in Home Office Jobs
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11. Sample Home Office Signage
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12. Questions
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13. Thank you
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Peylina Chu, PE
Vice President, Antea Group
Peylina.chu@anteagroup.com
Boston, MA, USA
Hilton Lucio
Director4 Comercial, ANGEL Ambiental
Hilton.lucio@angelambiental.com.br
São Paulo, Brasil
Cibelle Linero Goldfarb
Attorney, BMA
cml@bmalaw.com.br
São Paulo, Brasil