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CLT – Consolidação das Leis do Trabalho – Art. 49 a 61


SECTION VIII PENALTIES Article 49 – For the purposes of issuance, replacement
or annotation of work and social security portfolios Will be considered a crime of falsehood,
with the penalties provided for in art. 299 of Penal Code: (Wording given by Decree-Law
No. 229, dated 28.2.1967) I – Make, in whole or in part, any document
false or change the true; (Included Decree-Law No. 229 of 28.2.1967) II – falsely asserting one’s own identity,
affiliation, place of birth, residence, profession or marital status and beneficiaries,
or attest to someone else’s; (Included Decree-Law No. 229 of 28.2.1967) III – To use documents by any means
counterfeit; (Included by Decree Law No. 229, dated 28.2.1967) IV – falsifying, manufacturing or altering,
or sell, use or own a work card and Social Security as amended; (Included
Decree-Law No. 229 of 28.2.1967) V – Annotatingly intentionally in work portfolio
and Social Security or employee registration, or confess or declare in court or out
his, date of admission to various employment of true. (Included by Decree Law
No. 229, dated 28.2.1967) Art. 50 – Proving falsehood, whether in the
statements for issuance of Social Security, either in their respective
notes, the fact will be made known the issuing authority,
for law purposes. Article 51 – Will incur a fine of equal value
3 (three) times the regional minimum wage who, whether a trader or not, sells or
expose any wallet for sale same or similar to the type officially adopted.
(Wording given by Decree-Law No. 229, from 28.2.1967) Article 52 – The loss or destruction of
Work and Social Security Card the company’s fault will subject it to a fine
equal to half of the minimum wage regional. (Wording given by Decree-Law
No. 926, 10/10/1969) Article 53 – (Repealed by Law No. 13.874, of
2019) Article 54 – (Repealed by Law No. 13.874, of
2019) Article 55 – Will incur the fine of equal value
to one (1) regional minimum wage the company that infringe art. 13 and its paragraphs.
(Wording given by Decree-Law No. 229, from 28.2.1967) Article 56 – (Repealed by Law No. 13.874, of
2019) CHAPTER II DURATION OF WORK SECTION I PRELIMINARY PROVISION Art. 57 – The precepts of this Chapter apply
to all activities except those expressly exceptions are the provisions
concerning strictly the peculiarities professionals listed in Chapter I of
Title III SECTION II WORKING DAY Art. 58 – The normal duration of work,
for employees in any private activity, shall not exceed eight (8) hours per day,
provided that no other term is expressly set limit. Paragraph 1. They will not be discounted or computed.
as extraordinary journey the variations Time Stamping No Exceedence
five minutes, observing the upper limit of ten minutes a day. (Paragraph included
Law No. 10,243, dated 6.19.2001) Paragraph 2. The time spent by the employee since
your residence until the actual occupation of the job and its return,
walking or by any means of transport, including that provided by the employer,
will be counted on the working day, for not be time available to the employer.
(Wording given by Law No. 13,467 of 2017) (Validity) Paragraph 3 (Repealed by Law No. 13,467 of 2017) Art. 58-A. It is considered working in
part-time he whose duration is not exceeds thirty hours per week without the possibility
weekly overtime, or one whose duration does not exceed twenty
and six hours a week, with the possibility up to an additional six hours
weekly. (Wording given by Law No. 13,467, 2017) (Duration) Paragraph 1. The salary to be paid to employees
under the part-time scheme will be proportionate your journey, in relation to employees
who fulfill the same duties full time. (Included by Provisional Measure No. 2,164-41,
2001) Paragraph 2. For current employees, the adoption of
part-time scheme shall be made by means of option expressed before the company in
provided for in an instrument arising from collective bargaining. (Included by Measure
Provisional No. 2,164-41 of 2001) Paragraph 3. The hours overtime
of normal weekly work will be paid with the increase of 50% (fifty percent)
about the normal hourly wage. (Included by Law No. 13,467 of 2017) (Duration) Paragraph 4. In the event that the employment contract
on a part-time basis be established less than twenty-six hours a week,
overtime to this quantity will be considered overtime for
payment stipulated in Paragraph 3, provided that also limited to an additional six hours
weekly. (Included by Law No. 13,467, 2017) (Duration) Paragraph 5. The overtime hours of the
normal work can be compensated directly until the week immediately following
its execution, and its discharge must be made in the next month’s payroll,
if not compensated. (Included by Law No. 13,467 of 2017) (Duration) Paragraph 6. It is allowed to the hired employee
under part-time basis convert one third the holiday period to which you are entitled
in pecuniary allowance. (Included by Law nº 13,467, 2017) (Duration) § 7 The part-time vacation
are governed by the provisions of art. 130 of this Consolidation. (Included by Law No. 13,467,
2017) (Duration) Art. 59. The daily duration of the work may
be increased by overtime in number not exceeding two, by individual agreement,
collective agreement or collective agreement job. (Wording given by Law No. 13,467,
2017) (Duration) Paragraph 1. The remuneration of overtime shall be
at least fifty percent (50%) higher at the normal time. (Wording given by Law
nº 13,467, 2017) (Duration) Paragraph 2. The addition may be waived.
if, by virtue of agreement or convention working hours, the excess of hours in
one day is compensated by the corresponding decrease on another day so that
not exceed, within a maximum of one year, to the sum of weekly working hours
nor is the limit exceeded. maximum of ten hours daily. (Essay
Provisional Measure No. 2,164-41, 2001) Paragraph 3 In the event of termination of the contract
without compensation of the extraordinary journey in the form
of paragraphs 2 and 5 of this article, the employee will be entitled to overtime pay
not compensated, calculated on the value of remuneration on the date of termination. (Essay
given by Law No. 13,467 of 2017) (Duration) § 5 The bank of hours referred to in § 2
of this article may be agreed upon by agreement individual writing provided that the compensation
occur within a maximum period of six months. (Included by Law No. 13,467 of 2017) (Duration) Paragraph 6. The compensation regime is lawful.
journey established by individual agreement, tacit or written, for compensation in the
same month. (Included by Law No. 13,467, 2017) (Duration) Art. 59-A. Except as provided in art.
59 of this Consolidation, is available to parties, by written individual agreement,
collective agreement or collective agreement work, establish work schedule
twelve hours followed by thirty six hours uninterrupted rest, observed or compensated
rest and feeding intervals. (Included by Law No. 13,467 of 2017) (Duration) Single paragraph. The monthly remuneration
agreed by the schedule provided in the caput of this Article covers payments due by the
paid weekly rest and rest holidays, and will be considered compensated
the holidays and work extensions night, if any, that are dealt with in art.
70 and § 5 of art. 73 of this Consolidation. (Included by Law No. 13,467 of 2017) (Duration) Article 59b. Failure to meet requirements
journey compensation, including when established by tacit agreement,
does not imply the repayment of the hours in excess of the normal daily workday
if not exceeding the maximum weekly duration, only the respective supplement is due.
(Included by Law No. 13,467 of 2017) (Duration) Single paragraph. The rendering of hours
usual extras does not misrepresent the agreement journey compensation and the hour bank.
(Included by Law No. 13,467 of 2017) (Duration) Article 60 – In unhealthy activities, as
considered in the tables mentioned above. in the chapter “Safety and Medicine”
or which may be included in them. by act of the Minister of Labor, Industry
and Trade, any extensions may only be be agreed upon prior license from the
competent hygiene authorities which, to that end, shall carry out
required local examinations and verification working methods and processes, whether
either directly or through authorities federal, state and municipal sanitary
with whom they will come to understanding for such end. Single paragraph. Except the requirement
12 hours work for thirty-six uninterrupted hours
of rest. (Included by Law No. 13,467, 2017) (Duration) Article 61 – In the event of an urgent need,
may the duration of the work exceed the legal or agreed limit, whether to make
against force majeure, whether to meet the performance or completion of services
inadmissible or whose non-performance may result in manifest injury. Paragraph 1. The excess, in the cases of this article,
may be required regardless of convention or collective bargaining agreement. (Essay
given by Law No. 13,467 of 2017) (Duration) Paragraph 2 – In cases of overtime
due to force majeure, the remuneration overtime shall not be less than that of
normal time. In other cases of expected excess In this Article, the remuneration shall be
at least 25% (twenty five percent) higher than normal time, and the job cannot be
exceed twelve (12) hours, provided that the law expressly set no other limit. Paragraph 3 – Whenever interruption occurs
resulting from accidental causes, force majeure, which determine the impossibility of
of its accomplishment, the duration of the work may be extended for as long as necessary
up to a maximum of 2 (two) hours during the number of days required for recovery
lost time, provided it does not exceed 10 (ten) hours daily, in non-period
greater than 45 (forty five) days per subject this recovery to prior
authorization of the competent authority.

Stephen Childs

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