What are: Labor laws are the legal agreements that define the permissions and prohibitions in the relations between contractors and contractors. These laws that will guarantee the labor rights of each individual
Why know: If you just opened your business, go ahead, but know where you are. One of the biggest headaches that microentrepreneurs have is employee lawsuits.
Often, the stumbling is due to sheer ignorance of the law, with no bad intentions. Almost all the rules apply to both a multinational and a neighborhood store. For this reason, we have separated some tips regarding the main Labor Laws and Labor Rights.
Labor Laws: What's Very Important You Know
It is very important to know:
1. It all starts with the record
If a person stays in his company for a while, he has an employment relationship - it does not matter if he only works two hours a day or once a week. Therefore, it must be registered. As a result, she is entitled to one month's leave each year worked and an additional one-third of the salary thereon; to the thirteenth; and to the FGTS, which should be deposited monthly. And there is also the INSS, which the employer casts his share, collects the employee's and passes the value to the government. All of these calculations can be done on a payroll.
In addition, another labor right is the payment of the employee's salary up to the fifth business day of the period (month, fortnight or week depending on the payment scheme).
On a day of tightening, you ask, for example, a saleswoman to help with the cleaning. This is forbidden. The employee should only perform the function that is specified in the work card. If he decides to file a labor claim, you will pay for both activities. Therefore, record in writing what the due duties are and do not fail to comply with that agreement.
3. Transportation vouchers
The employer discounts 6% of the employee's salary and delivers to him all the necessary vouchers for his or her driving. This is not always advantageous for the employee because the discount will often be greater than what he would spend. And so, within the rules of labor rights, he can sign a document abdicating the transport voucher. Giving the cash value is a mistake. Whoever does this runs the risk of the employee saying that that value was part of the salary.
4. Benefit can turn salary
Any extra benefit, even if not required by law, as a basic basket, offered on a regular basis can become an obligation. It is now considered part of the salary and, from there, it is not allowed to withdraw it. If you decide to give a possible bonus, ask the clerk to sign a receipt stating what it is about.
5. Maternity leave
If the employee becomes pregnant, one of the labor rights is the fact that the INSS has to pay her salary during the maternity leave of 120 days. In addition, during pregnancy, she can change roles, if necessary, and leave work at any time, through a medical certificate, to perform examinations and consultations without suffering a reduction in salary. After childbirth, she has 150 days of job stability.
After one year of work, the employee is entitled to 30 vacation days and an additional one third of the remuneration. Depending on your business, you may need a person to cover this absence. Both wages will come out of your pocket. And it's you, the employer, who determines the date of the vacation.
It is the right of the worker to receive the vacation payment until two days before the start of the same.
7. Dismissal without traumas
This can be a tense time between employer and employee, so it is essential that everything is well documented and that all labor rights are removed. Settlement includes salary, vacation due, thirteenth proportional, 40% fine on FGTS and notice. If the dismissal is for just cause, the employee loses the expired vacation and the right to withdraw the fund.
During the notice period, if the employee practices irregularities is one of the employer's labor rights to turn the waiver into just cause. Still thinking about potential problems with the dismissed employee, if this does not want to receive the amount owed, it is interesting that the employer enters with action of consignment of payment in the labor court, demonstrating their intention to pay.
8. Extra hours
When the employee works one minute longer than the normal journey, he should earn overtime. On Saturdays and weekdays, the law orders 50% of the payment amount to be added. On Sundays and holidays, 100%. It is also possible to make an agreement and outline a compensation of hours. All this needs to be recorded in a spreadsheet if the company has more than ten people on the team. Cherish your team. Nobody works for free.
In addition to the extra hour, it is important to watch out for the nightly surcharge, which runs from 22h and goes to 5h. During this period it is the right of the employee to receive an additional percentage in value / hour in relation to what an employee who works in the daytime period would receive.
Other Labor Rights
Taking advantage of the fact that we are talking about labor laws, it is worth entering the universe of labor rights and remember some important ones that are backed by the law:
9. Working Time
The journey can not exceed 8 hours per day or 44 hours per week. If this occurs we return to the overtime topic. In addition, there is a requirement to have at least 11 hours between working hours.
10. Collective bargaining agreement
It is an agreement between two or more trade unions of a particular category stipulating the working conditions applicable to labor rights.
11. Wage Correction
Even if the employee is absent due to illness, he will be entitled to any adjustment that has been made to the category that he belongs to.
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