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Consolidação das Leis do Trabalho – Art. 75a a 132


CHAPTER IIa
(Included by Law No. 13,467 of 2017) (Duration) TELEWORK Art. 75-A. The provision of services by
teleworker shall observe the provisions of this Chapter. (Included by
Law No. 13,467 of 2017) (Duration) Art. 75-B. Teleworking is considered to be the
services predominantly outside the premises employer, using
information and communication their nature, do not constitute themselves as work
external. (Included by Law No. 13,467 of 2017) (Term) Single paragraph. Attendance at dependencies
employer to carry out activities that require the presence of the employee
in the establishment does not detract from the of telecommuting. (Included by Law No. 13,467,
2017) (Duration) Art. 75-C. The provision of services in the modality
teleworking shall be expressly stated in the individual employment contract, which shall specify
the activities that will be performed by the employee. (Included by Law No. 13,467 of 2017) (Duration) § 1 The amendment may be made
between face-to-face and teleworking provided that there is mutual agreement between the parties,
registered in a contractual amendment. (Included Law No. 13,467 of 2017) (Term) Paragraph 2 The amendment may be made
from teleworking to face-to-face by employer determination, guaranteed
minimum transition period of 15 days, with corresponding registration in a contractual amendment.
(Included by Law No. 13,467 of 2017) (Duration) Art. 75-D. The provisions on liability
purchase, maintenance or supply technological equipment and infrastructure
necessary and appropriate to the work as well as reimbursement of expenses
by the employee, shall be provided for in written contract. (Included by Law No.
13,467, 2017) (Duration) Single paragraph. The utilities mentioned
in the caption of this article do not integrate the of the employee. (Included by Law No. 13,467,
2017) (Duration) Art. 75-E. The employer shall instruct the
employees, expressly and ostensibly, precautions to be taken in order to avoid
occupational diseases and accidents. (Included Law No. 13,467 of 2017) (Term) Single paragraph. The employee must sign
term of responsibility pledging follow the instructions provided by the employer.
(Included by Law No. 13,467 of 2017) (Duration) CHAPTER III MINIMUM WAGE SECTION I CONCEPT Article 76 – Minimum wage is the consideration
minimum due and paid directly by the employer to every worker, including the worker
rural, regardless of gender, per normal day of service, and capable of satisfying, in a particular
time and region of the country, your needs normal food, housing, clothing,
hygiene and transport. Article 77 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 78 – When the salary is adjusted by
undertaken or agreed upon by task or piece, the worker will be guaranteed a
daily remuneration never lower than that of minimum wage per normal day in the region,
zone or subarea. Single paragraph. When the minimum wage
employee’s monthly commission or right the percentage is integrated by
fixed and variable part, you will always be minimum wage is guaranteed, any
subsequent month discount as compensation. (Included by Decree Law
No. 229, dated 28.2.1967) Art. 80. (Repealed by Law 1097 of 2000) Article 81 – The minimum wage will be determined
by the formula Sm=a + b + c + d + e, where “a”, “b”, “c”, “d” and “e” represent respectively
the amount of daily food expenses, housing, clothing, hygiene and transportation
necessary for the life of an adult worker. Paragraph 1 – The portion corresponding to food
will have a minimum value equal to the values ​​of list of provisions in the tables
properly approved and required for adult worker Paragraph 2 – May be replaced by the
equivalents of each group, also mentioned in the tables referred to in the previous paragraph,
food, when conditions in the region, zone or sub-area advise it, with due regard
the nutritional values ​​determined in them frames. Paragraph 3 – The Ministry of Labor, Industry
e Comercio will periodically review of the tables referred to in paragraph 1 of this
article. Article 82 – When the employer provides, in
one or more of the salary installments minimum, the cash salary will be determined
by the formula Sd=Sm – P, where Sd represents the cash salary, Sm the minimum wage
and P the sum of the values ​​of those parcels in region, zone or sub-area. Sole Paragraph – The minimum wage paid
in cash shall not be less than 30% (thirty percent) of the minimum wage fixed for
the region, zone or subzone. Article 83 – The minimum wage is due to the
worker at home, considered to be like the run on employee housing
or in family workshop, by employer that remunerates him. SECTION II REGIONS, ZONES AND SUBZONES Article 84 – (Repealed by Law No. 13.467, of
2017) Article 85 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 86 – (Repealed by Law No. 13.467, of
2017) SECTION III CONSTITUTION OF THE COMMITTEES Article 87 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 88 – (Repealed by Law No. 4,589, of
December 11, 1964) Art. 89 (Repealed by Law No. 4,589, of 11.12.1964) Article 90 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 91 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 92 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 93 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 94 – (Repealed by Law No. 4,589, of
December 11, 1964) Art. 95 (Repealed by Law No. 4,589, of December 11, 1964) Article 96 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 97 – (Repealed by Law No. 4,589, of
December 11, 1964) Art. 98 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 99 – (Repealed by Law No. 4,589, of
December 11, 1964) Art. 100 (Repealed by Law No. 4,589, of
December 11, 1964) SECTION IV RESPONSIBILITIES OF THE SALARY COMMITTEES
MINIMUM Article 101 (Repealed by Law No. 4,589, of
December 11, 1964) Article 102 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 103 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 104 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 105 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 106 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 107 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 108 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 109 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 110 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 111 (Repealed by Law No. 4,589, of
December 11, 1964) SECTION V MINIMUM WAGE SETTING Article 112 (Repealed by Law No. 4,589, of
December 11, 1964) Article 113 (Repealed by Law No. 4,589, of
December 11, 1964) Article 114 – (Repealed by Law No. 4,589, of
December 11, 1964) Art. 115 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 116 – (Repealed by Law No. 4,589, of
December 11, 1964) SECTION VI GENERAL PROVISIONS Art. 117 – It will be null and void of right, subjecting
the employer to the sanctions of art. 120, any contract or agreement stipulating remuneration
less than the minimum wage established in the region, zone or sub-area in which
to be fulfilled. Art. 118 – The worker who is paid salary
less than the minimum shall be entitled, any contract or agreement to the contrary,
claim from the employer the supplement of minimum wage established in the region,
zone or sub-area where it has to be fulfilled. Art. 119 – Prescribes in 2 (two) years the action
to recover the difference counted for each payment, from the date on which it was
made. Art. 120 – Whoever infringes any device
concerning the minimum wage will be subject to of the fine of fifty-two thousand cruises,
doubled in recurrence. Art. 121 (Repealed by Decree-Law No. 229,
from 28.2.1967) Article 122 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 123 – (Repealed by Law No. 4,589, of
December 11, 1964) Article 124 – Application of the precepts of this
Under no circumstances may the Chapter determining cause of wage reduction. Article 125 (Repealed by Law No. 4,589, of
December 11, 1964) Art. 126 – The Minister of Labor, Industry
and Trade, will issue the necessary instructions supervision of the minimum wage and may
commit such supervision to any of the component bodies of the respective Ministry,
and, as well, to the inspectors of the Institutes of Retirement and Pensions under the law
in force. Art. 127 (Repealed by Decree-Law No. 229,
from 28.2.1967) Article 128 (Repealed by Decree-Law No. 229,
from 28.2.1967) CHAPTER IV ANNUAL HOLIDAYS (Wording given by Decree-Law No. 1,535,
13.4.1977) SECTION I VACATION RIGHTS AND THE DURATION (Wording given by Decree-Law No. 1,535,
13.4.1977) Article 129 – Every employee shall be entitled annually.
enjoy a holiday without prejudice to of remuneration. (Wording given by Decree-Law
1,535, 4.13.1977) Article 130 – After each period of 12 (twelve)
months of employment, the employee will be entitled to vacation, in the following
Proportion: (Wording given by Decree-Law 1,535, 4.13.1977) I – 30 (thirty) calendar days, when not
more than 5 (five) missed the service times; (Included by Decree-Law No. 1,535,
13.4.1977) II – 24 (twenty four) calendar days, when
has had 6 (six) to 14 (fourteen) fouls; (Included by Decree-Law No. 1,535 of
13.4.1977) III – 18 (eighteen) calendar days, when there is
had 15 (fifteen) to 23 (twenty three) fouls; (Included by Decree-Law No. 1,535 of
13.4.1977) IV – 12 (twelve) calendar days, when there is
from 24 (twenty four) to 32 (thirty four) two) fouls. (Included by Decree Law
1,535, 4.13.1977) Paragraph 1 – It is forbidden to discount, from the period
on vacation, the employee’s absences from service. (Included by Decree-Law No. 1,535 of
13.4.1977) Paragraph 2 – The vacation period shall be computed,
for all purposes, such as length of service. (Included by Decree-Law No. 1,535 of
13.4.1977) Art. 130-A. (Repealed by Law No. 13,467,
2017) Art. 131 – It will not be considered lack to the
service, for the purposes of the previous article, employee’s absence: (Wording given
Decree-Law No. 1,535, dated 4.13.1977) I – in the cases referred to in art. 473; (Included
Decree-Law No. 1,535, dated 4.13.1977) Il – during compulsory licensing
employed by reason of maternity or abortion, observing the requirements for
of maternity pay funded by Social Security Social; (Wording given by Law No. 8,921,
25.7.1994) III – due to an occupational accident or
disease attested by the National Institute Social Security – INSS, except for the hypothesis
of item IV of art. 133; (Wording given Law No. 8,726 of 11.5.1993) IV – justified by the company, meaning
therefore you have not determined the discount the corresponding salary; (Included by
Decree-Law No. 1,535, dated 4.13.1977) V – during the preventive suspension to respond
administrative or imprisonment inquiry preventive, when it is dismissed or acquitted;
and (Included by Decree-Law No. 1,535 of 13.4.1977) VI – on days when there has been no service,
except in the case of item III of art. 133 (Included by Decree-Law No. 1,535 of
13.4.1977) Article 132 – The working time prior to the
employee presentation for service compulsory military service shall be counted in the period
as long as he attends the establishment within ninety (90) days from the date on which
the respective decrease occurs.

Stephen Childs

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