According to amended article 75-B of the CLT, telework or remote work is defined as providing, outside the employer’s premises, services that, by their nature, do not constitute external work, through the use of information and communication technologies.
An employee’s attendance, even on a regular basis, at the employer’s premises to carry out specific activities that require the employee’s presence does not detract from the telework or remote work regime. (CLT art. 75-B(§ 1).) The employee subject to the telework or remote work regime may provide services “by working day or by output or task [jornada, produção ou tarefa].” (Art. 75-B(§ 2).) The time spent using technological equipment, necessary infrastructure, software, digital tools, or internet applications for teleworking outside the employee’s normal working day does not constitute time available or an on-call or on-notice regime (tempo à disposição ou regime de prontidão ou de sobreaviso), unless provided for in an individual agreement or in a collective bargaining agreement (acordo ou convenção coletiva de trabalho). (Art. 75-B(§ 5).)
The adoption of telework or remote work is permitted for interns and apprentices. (Art. 75-B(§ 6).) The new legislation also applies to the employment contract of an employee admitted to Brazil who chooses to carry out telework outside the national territory, except for the provisions contained in Law No. 7,064, of December 6, 1982, which provides for the situation of workers hired or transferred to provide services abroad, unless otherwise stipulated between the parties. (Art. 75-B(§ 8).) The individual agreement may provide for the hours and means of communication between employee and employer, provided that legal rest periods are ensured. (Art. 75-B(§ 9).)According to section 3 of amended article 75-C of the CLT, the employer is not responsible for expenses resulting from the return to in-person work if the employee chooses to carry out telework or remote work outside the location provided for in the contract, unless otherwise stipulated between the parties. In addition, amended article 75-F determines that employers must give priority to employees with disabilities and employees with children or children under judicial custody up to four years of age when allocating vacancies for activities that can be carried out through telework or remote work.