Cesar Peres Dulac Müller logo


Date: 3 de October de 2022
Posted by: CPDMA Team

Law 14457/22 institutes the Emprega + Mulheres Program

Imagem ilustrando o programa emprega mulheres com uma jovem trabalhando em uma planilha.

On 09.21st.2022 was sanctioned the Law No. 14,457which creates the Emprega + Mulheres Program, instituted by means of Provisional Measure (MP) 1.116/22. The initiative aims to encourage means to insert and maintain women in the labor market, implementing measures to support parenthood in early childhood, make the work regime more flexible to support parenthood, qualify women in strategic areas for professional advancement, support women's return to work after maternity leave, recognize good practices in promoting women's employability, as well as by modernizing the rules for professional apprenticeships provided for in the Consolidation of Labor Laws - CLL.

Among the changes brought by Law 14.457/22 the following items stand out:

  1. Employers must prioritize telecommuting jobs for employees with children, stepchildren, or children under legal custody aged up to six years old or disabled (in this case there is no age limit).
  2. Flexibility of the work and vacation schedules, as long as with the express authorization of the male and female employees, aiming to promote the conciliation between work and caring for children, stepchildren or person under their custody up to 6 years old or with disabilities, observing the following:
  • Individual vacations can be granted in advance even if the accrual period has not yet elapsed;
  • Part-time regime, in accordance with article 58-A of the CLL;
  • Special regime of work day compensation by means of a time bank;
  • Possibility of working 12×36 hours;
  • Flexible check-in and check-out times, within the daily working hours.
  1. Suspension of the labor contract to encourage the qualification of women to participate in a professional qualification course/program offered by the employer, and during the period of suspension of the labor contract, the employee will be entitled to the professional qualification scholarship, and the employer may also grant the employee a monthly compensatory allowance, without a salary nature.
  2. Suspension of the work contract of employees whose spouse/partner has finished the maternity leave period to provide care, monitor development and establish ties with the children and support the return to work of their spouse or partner, through a professional qualification scholarship and possible granting by the employer of a monthly compensatory allowance, without a salary nature.
  3. Also, in relation to the Citizen Company Program, the option to reduce the working hours by 50%, for a period of 120 days, has been added.
  4. To support parenthood in early childhood, employers are authorized to adopt the benefit of day-care reimbursement. Such benefit does not have a salary nature and is not incorporated into the compensation for any purpose.
  5. The employer's duties are:
  • Give wide disclosure to its employees about the possibility of supporting the return to work of their wives or partners after the end of the maternity leave period;
  • Provide guidance on the procedures required to sign an individual agreement to suspend the employment contract with qualification; and
  • Promote periodic awareness actions on responsive and equal parenting to drive adoption of the measure by its employees.

The deadline for adopting the measures provided for in Article 23 is 180 days after Law 14457/22 comes into force.

Cesar Peres Dulac Müller Lawyers Team


Recent posts

Misuse of a trademark by a former partner can be recognized not only as unfair competition, but also as bad faith.

On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]

Read more
The first sanctions applied by the National Agency for the Protection of Personal Data (ANPD) were a wake-up call for companies: the LGPD is a serious law and must be complied with.

The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]

Read more
Business position on the recent STF decision that ruled that it is constitutional for trade unions to charge assistance contributions

Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]

Read more
The new chapter in the legal dispute involving the term "HELLES", registered as a 'trademark'.

Recalling the case... It all started at the beginning of 2019, when the brewery Fassbier gave extrajudicial notice to a series of breweries in Rio Grande do Sul for the alleged misuse of the term HELLES, claiming to have exclusive use of the expression, given that the word was registered as a trademark. Not satisfied with [...]

Read more
Suspension of labor executions against companies in the same economic group

In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process. In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, many [...]

Read more
STJ decides that the legal personality of a civil association can be disregarded, but limits liability to the directors

The 3rd Panel of the Superior Court of Justice (STJ) [1] dismissed a special appeal filed by the directors of a civil association, which had its legal personality disregarded in a case involving the improper use of a trademark. The Court, in a judgment drafted by Justice Marco Aurélio Belizze, held that the disregard of [...]

Read more
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram