Starting this week, with the Black Friday event and the payment of the first installment of the 13th salary (Christmas bonus), Brazilian companies (particularly from retail sector) must be careful to satisfy high demand and continue to observe labor and employment standards.
To meet demand and growth in consumption, there may be a need to increase the number of working hours or even hire temporary labor, and it is essential to anticipate and prepare as much as possible for this period, as a way of mitigating futures risks.
We have separated 5 fundamental points of observance for companies in the period that begins with Black Friday and continues until the end of the year:
1. Working hours: Nothing changes in relation to the rules established by legislation in relation to working hours. Therefore, the limit of 8 working hours per day and 44 per week remains unchanged, with only 2 overtime hours per day allowed. As well as breaks, which must be observed, respecting at least 1 hour during the workday and 12 hours between workdays.
2. Offsetting Agreements: It is possible to go ahead and close offset agreements with the Union so that overtime compensation can be made in 6 (six) months or 1 (one) year, or adopt a signed working hours offsetting system with employees and, in this case, carry out compensation within the same month.
3. Commissions: In cases of canceled sales, the discount or refund of commissions levied on goods returned by the customer after the sale has been completed is prohibited.
4. Accumulation of functions: To meet high demand, it is not uncommon for employees to add activities beyond those originally foreseen in their contract. Even if the accumulation of functions requires the performance of activities that are incompatible with the function for which the employee was hired, so that the company is not exposed to risks, defining tasks and their respective responsible parties is the most effective way of maintaining control of possible demands. extraordinary events that may arise during the period.
5. Temporary work: Please note that in this case it is necessary to have a company to mediate the hiring of temporary workers, and such negotiations cannot be carried out directly with the hired employees. At this point, we highlight that the service provider is subsidiarily responsible for the labor obligations relating to the period in which the temporary work occurs, so that it must be attentive to the fulfillment of the obligations by the temporary work company.
It is necessary to take advantage of the opportunity of Black Friday and the end of the year festivities and add adequate legal care, to make this date an excellent opportunity to boost the company’s activities in a safe way and without future losses.