On March 28, 2022, the Brazilian government published a new
Provisional Measure1 that, among other matters, modifies
some of the provisions of the Labor Code2 relating to
remote work that could have a significant impact on employers.
Provisional Measures take effect on the date they are published,
so they do not leave any time for employers to adjust to new
requirements. In addition, they can expire in 120 days if Congress
does not ratify them into law, which we have often seen in the past
few years.
The most significant change brought by the Provisional Measure
is that until last week, remote work was exempt from laws governing
working hours. The Provisional Measure changed the exemption,
setting forth that only work that is performed based on tasks or
production are exempt from laws governing working hours; all other
regular jobs based on working hours are not exempt. This is a huge
change in policy, as it will require companies with more than 20
employees to
