Newsletter May 2023 – Emprega + Mulheres (Employ + Women) Programme

Parenting support and measures to combat and prevent harassment

Law 14.457/2022 instituted the Emprega + Mulheres Programme, which aims at including and maintaining women in the job market and supporting parenthood, by implementing, among other measures, support for early childhood parenthood and flexible work arrangements.

Among the measures to support early childhood parenting are the payment of day-care reimbursement and the maintenance or subsidization of early childhood education institutions by independent social services.

The requirements for payment of day-care reimbursement are set out in art. 2 of the Law, among which is the age of the children – up to 5 years and 11 months.

The amounts paid as daycare allowance are totally exempt from labour, social security and tax charges and are not incorporated into the employment contract of the beneficiaries. Employers that choose to adopt daycare reimbursement for all employees who have children within the age bracket referred to in the preceding paragraph are not required to install a place appropriate for the care and assistance of employees’ children during the breastfeeding period.

The support for parenthood may also take the form of more flexible work and vacation schedules. Employees with children, stepchildren or children under legal custody aged up to 6 or disabled people (no age limit) should be given priority in the occupation of vacancies that admit telecommuting, remote or long-distance work. They will also have priority in the granting of measures that aim to reconcile work and parenthood, including part-time work and the 12 x 36 system, time bank, flexible entrance and exit times, and anticipation of individual vacations.

This law determines that employers obliged to maintain an Internal Commission for the Prevention of Accidents and Harassment (CIPA) must adopt the following measures:

1. Implement rules of conduct relating to sexual harassment and other forms of violence in the company’s internal regulations, with wide divulgation of their content to male and female employees;
2. Establish procedures for receiving and following up on complaints, for investigating the facts and, when applicable, for imposing administrative sanctions on those directly and indirectly responsible for acts of sexual harassment and violence, the anonymity of the complainant being guaranteed, without prejudice to the appropriate legal procedures;
3. Include issues relating to the prevention and combat of sexual harassment and other forms of violence in the activities and practices of CIPA; and
4. Carry out, at least every 12 (twelve) months, training, orientation and awareness actions for male and female employees of all levels of seniority in the company on topics related to violence, harassment, equality and diversity in the workplace, in a format that is accessible and appropriate and demonstrates maximum effectiveness of such actions.

Complaint channels are therefore of particular importance, as they have proved to be the most efficient mechanisms to enable the identification of irregular behaviour. Preferably, companies should seek to implement channels that have the necessary independence and autonomy to ensure anonymity, impartiality and secrecy, so that complainants can lodge their accusations in safety. Companies must also carry out the investigation of the facts and application of appropriate measures.

The Emprega + Mulher Seal was also created, with the objective of distinguishing companies that are notable for their organization, maintenance and provision of day-care centres and pre-school facilities to meet the needs of their employees, as well as the good practices of employers that seek, among other objectives: i) to encourage the hiring, the occupation of positions of leadership and the professional advancement of women, especially in areas with low female participation in the Brazilian labour market, ii) the equal division of parental responsibilities, iii) the promotion of a culture of equality between women and men, iv) the offer of flexible work arrangements, v) the granting of leave of absence for women and men that allows them to care for and bond with their children, vi) effective support for the female employees of its staff and those who provide services in its establishment in the event of harassment, physical or psychological violence or any violation of their rights in the workplace, and vii) the implementation of programmes to hire unemployed women in situations of domestic and family violence, and to shelter and protect its female employees in situations of domestic and family violence.

The members of Stüssi Neves Advogados and of Integrity Brasil are at your disposal for any clarification that may be necessary and to install and operate your complaint channel.

Maria Lúcia Menezes Gadotti and Patrícia Salviano Teixeira

Partner and Associate lawyer in Labour Law Area –  Stüssi Neves Advogados –São Paulo

marialucia.gadotti@stussinevessp.com.br and patricia.salviano@stussinevessp.com.br