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(Answer given by Simão de Sant’Ana, principal lawyer at Abreu Advogados)

There is no inconvenience for the worker to change his legal-employment framework. Currently absent from the workplace with justification for assistance to the family, he may, if he wishes, put an end to this situation and request to meet the conditions for that purpose, his provision of work in teleworking, with the consequent alteration of the remuneration regime .

Remember that teleworking is foreseen as an exceptional measure related to the epidemiological situation, so it can be determined by the employer or required by the worker, as long as it is compatible with the functions performed. (Answer given by Susana Afonso, from CMS Rui Pena & Arnaut).

In our opinion, the discharge due to high-risk pregnancies does not absolutely prevent the other spouse from seeing his absences justified with the right to a 66% allowance for assistance to children under 12 years of age. What is expected is the impossibility for two parents to receive this exceptional subsidy, which in this case will not happen. In this way, absences will in any case be justified and allow access to the established exceptional allowance. (Answer given by Luís Gonçalves Lira da PRA)

If you are not in prophylactic isolation (determined by a health authority), that is, if the quarantine is voluntary, at the initiative of the worker, absences may be justified, but with total loss of remuneration. (Answer given by Luís Gonçalves Lira da PRA)

In this case, they should consider the absences as justified – since the reason seems to be reasonable. In any case, absences will give rise to loss of remuneration for those days, unless a declaration of prophylactic isolation (issued by a health entity) or sick leave, evidenced by a certificate of temporary incapacity for work, is presented. (Answer given by Luís Gonçalves Lira da PRA)

If you are issued with a certificate of temporary incapacity for work (aka, sick leave), the rules for that period of disability are followed. Otherwise, the absence from work, if justification is presented, may allow the justification of absences, but determines the loss of remuneration. (Answer given by Luís Gonçalves Lira da PRA)

No, in principle the company cannot determine the holiday enjoyment in this period, namely because such determination would violate art. 237, no. 4, since she will be prevented from taking a vacation, in the true sense of what “vacation” is. In addition, the determination of vacations, without the employee’s agreement, can only be made with respect to the period from May 1 to October 31, except for some special rule provided for in a collective labor regulation instrument. (Answer given by Luís Gonçalves Lira da PRA)

The initiative having been taken by the employer, it must assume the payment of the 100% remuneration. As for the food allowance, once there is no more effective provision of work, we understand that it will not be due. We emphasize that the situation and framework will be different, should the employer use one of the exceptional support mechanisms (approved in the context of COVID-19), which result from the closure of the company.

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In our opinion, and in view of the truly exceptional situation that we live in, in certain types of contracts and in specific circumstances, the lessee will be able to resort to the change of circumstances institute, provided that the requirements required by law are met, in order to change the contract entered into with respect to the rent payment obligation, which will necessarily involve the application of an equity judgment.

(Answer given by the JPAB Civil and Real Estate team – José Pedro Aguiar-Branco Advogados)

Yes, this worker can be placed on lay-off. It is important to remember that the support given to parents to accompany their children, as a result of the suspension of classroom activities, was only granted until the beginning of school holidays.

Assuming that the time reduction is compatible with the foundation that you will use to implement the lay-off, this solution is possible. In this case, the hours of work are paid in full by the Company (without any contribution) and a compensatory compensation would be attributed until completing 2/3 of the worker’s salary, which will be reimbursed by 70% by social security.

Assuming that the entity has benefited from the support, an incentive of Eur. 635 per worker will be attributed.

The simplified lay-off is for workers only. Notwithstanding, the diploma provides that among various supports, the exemption of social security contributions from managers.

There are two types of financial support for self-employed workers who are unable to provide services. In the specific case, the payment of an extraordinary monthly support, extendable up to six months, corresponding to the remuneration recorded as a contributory basis, is established, with a maximum limit of 438.81 euros (1 Social Support Index – IAS), paid from the month following the filing of the application.

During the term of Decree-Law Decree-Law No. 10-A / 2020 of March 13, the regime of subordinate teleworking may be determined unilaterally by the employer or required by the worker, without the need for agreement by the parties, provided that compatible with the functions performed. However, in the specific case, the professional functions in question will require the exercise of them in the workplace (hospital). This rule applies to Health Professionals, security and rescue services and forces, including volunteer firefighters, from the Armed Forces, and professionals of management and maintenance of essential infrastructures (definition given by Ordinance No. 82/2020 March 29).

The simplified layoff regime is applied to companies, so if the temporary work company that has its own workers (regardless of being temporarily placed in other companies) falls within the scope of the measures that justify the use of this extraordinary regime, also the they the same is equally applicable to them.

The law provides for the possibility of suspension of the internship due to the temporary closure of the entity where the internship is carried out, at most for a period of one month. The entity must request the suspension from the IEFP, which has a period of 8 working days to decide. If the internship contract is suspended, the scholarship is not awarded during that period. The internship contract cannot be canceled on the basis of Covid-19.

If the Order referred to comes from an entity with legitimate competence for that purpose, the temporary closure of the establishment will imply the payment to the worker of 75% of the basic remuneration, paid by the employer.

If the Order referred to comes from an entity with legitimate competence for that purpose, the temporary closure of the establishment will imply the payment to the worker of 75% of the basic remuneration, paid by the employer.

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905.00). In this case, the 2/3 of € 800.00 is less than the € 635.00 established in the RMMG, so the retributive compensation is adjusted to the value of € 635.00.

B. During the period of support, the company will have to pay the full compensation to the worker, in the amount of € 635.00, but only 30% will be in charge – in this case, € 190.50;

ç. The remaining 70% will be borne by the SS – in this case, € 444.50 – which it will transfer to the employer (IBAN to be included by the employer in Social Security Direct for the purpose).

NOTE: if the Lay-Off modality is a reduction, then the salary receipt must process the salary normally (subject to tax and contributory discounts) in proportion to the normal weekly working hours worked. Only the difference between the salary paid and the amount of the compensation (in this case € 635.00) will be subject to the support paid by the employer and supported by you at 30% and 70% in charge of SS.

2) The diploma does not expressly mention whether the request is automatic or if a response from Social Security (SS) is required. Thus, and if there are arguments in favor of an automatic granting of the measure after the application is filed by the employer, as well as arguments against automatic granting, making the granting of support dependent on a preliminary assessment of the SS, we suggest that they contact the SS of the your area of ​​residence to confirm whether to wait for a response from the SS to the application submitted for the purpose of processing the support on the pay slip.

3) The financial support granted under the simplified Lay-Off regime does not cover managing partners. As for managers, companies can only benefit from the temporary exemption from payment of the respective Social Security contributions as long as the employer benefits from the measures provided for in Decree-Law no. 10-G / 2020, of 26.03.2020 and during its validity. However, it is anticipated the preparation of draft amendments to the law, to be submitted by several parties, in order to allow micro-companies, constituted only by their managing partner, without any employee, to also access the lay regime. simplified off, thus allowing State aid to pay the manager’s salary, without the need for credit.

(Answer given by Rita Frade Pina, senior associate, and Sérgio Mesquita Dinis, associate, from Laboral da PRA)

Thanking you for your question, we will answer each one of them, according to the numbering we entered, for ease of reference.

2.1 – Without prejudice to the existence of entities that believe that the members of Organs statutory bodies (MOEs) are covered by this measure, except in the best opinion, we understand that this measure only targets employees and does not cover MOEs. In effect, the exceptional monthly or proportional support, corresponding to 2/3 of the basic remuneration, paid in equal parts by the employer and social security, with the minimum and maximum limits provided for by law, in accordance with article 23 of Dec -Law no. 10-A / 2020, of 13.03.2020, is applicable only to employees, considering that their assignment is related to the justification of the absences of workers who have to leave their place of work to accompany children or other dependents under 12 years of age or, regardless of age, with a disability or chronic illness due to the suspension of teaching and non-teaching activities in educational establishments.

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Pursuant to Order No. 3301-A / 2020, of 15 March, the suspension of any and all dental medicine, stomatology and dentistry activities was decreed, with the exception of situations that prove to be urgent and urgent. Such suspension, which started on 03/16/2020 provided for its applicability for a period of two weeks, after which it will be subject to reassessment. Therefore, we suggest that you wait for the reassessment of the measure and the effects arising from it.

There is no support for situations in which children, instead of being at school, stay at their grandparents’ houses. Financial support for the family and the exceptional and temporary regime of justified absences, motivated by assistance to the family, established in the context of the COVID-19 pandemic, presuppose that grandparents work, which, in the specific case, we are unaware of.

In the situation of being workers, the regime foresees that absences motivated by assistance to a grandson who lives with the worker in communion of table and housing and who is the son of a teenager under the age of 16 are considered as justified.

Family support does not include the period of school holidays, being granted between 16 and 27 March and in the case of children using social facilities to support early childhood or disability, support is granted until 9 April.

Since the exceptional support to the family does not apply during school holidays, since the child is less than 12 years old, he / she can choose to stay at home and the absences, during that period, are considered justified with loss of remuneration or can booking holidays, without the need to agree with the employer, by giving written notice two days in advance of the start of the holiday period.

During the holiday period, the period corresponding to that which you would receive if you were in effective service is due, and the holiday allowance may be paid in full up to the fourth month following the beginning of the holiday period.

If, eventually, the suspension of teaching activities extends beyond the school holiday period, new measures are likely to be taken for the third school period.

We remind you that, in the case of children with a chronic illness, parents can apply for a childcare allowance, they are entitled to a reduction of up to five hours from the normal weekly working period, work part-time or with flexible hours.

We recall that absences for childcare are justified, with loss of remuneration. It must be communicated to the employer, accompanied by an indication of the justification reason, at least five days in advance. If the advance cannot be respected, namely because the absence is unpredictable five days in advance, communication to the employer is made as soon as possible.

The purpose of exceptional support for family support is to protect those situations in which neither parent is at home to care for children under 12 or with disabilities or chronic illness.

Thus, if one parent is telecommuting, it is not possible to request this exceptional support, so much so that, according to the form available on the Social Security website, the worker who requests this exceptional support must declare that the other parent is unable to provide assistance to the identified dependent.

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To try to overcome this problem, the Government approved a package of measures that include credit lines to support the treasury of companies in the amount of 200 million euros, also at the tax level, the deadline for making the special payment on account (PEC) was postponed. ) until 06/30/2020, as well as postponement of the deadline for submitting the income tax return model 22 of IRC until 07/31/2020.

In terms of human resources, several incentives were created, among which the “simplified layoff” stands out – Extraordinary support for the maintenance of employment contracts in a company in a situation of business crisis, provided for in Ordinance No. 71-A / 2020, of 15 March, as well as the measures provided for in Decree-Law no. 10-A / 2020.

Ultimately, if state support is not enough and companies are unable to meet all expenditures during this crisis, they may have to resort to more drastic measures, including the Special Revitalization Plan (PER) or, even, insolvency. (Answer given by Telmo Guerreiro Semião and Catarina Enes de Oliveira, from CRS Advogados)

While the current exceptional regime is in force, aimed at combating the epidemiological situation of the new Coronavirus – COVID 19, the provision of teleworking no longer presupposes the prior agreement between employer and worker – and can be determined unilaterally by the company or required by the worker. From what was said in the question, it is not clear that the worker has come to submit an application to his employer in that same sense – so, if he has not done so, he must do so.

In view of such request from the worker, the employer may: (i) grant the request and the worker enters the teleworking regime or (ii) Reject the request: considering that the functions performed are not compatible with teleworking or that, immediately , computer systems are not available and adapted for this purpose.

In the situation of rejection of the telework request, the worker must continue to perform his duties in his usual place of work, but must demand that his employer adopt immediately all the preventive measures necessary for the spread of the epidemic, as it is a duty the employer to ensure the safety and health of its workers. (Answer given by Simão de Sant’Ana, principal lawyer at Abreu Advogados)

He states that he did not enter into a service provision contract with the entity in favor of those who issue their green receipts. However, first of all, it should be clarified that the existence of a service provision contract does not require written form, so it is possible that the underlying relationship is, effectively, a service provision. In this case, you can terminate your service contract. However, since it is a service provision, he will not be entitled to compensation and / or the right to other values ​​/ rights that are due to workers when the contract is terminated.

Without prejudice to the above, it should be noted that the existence of an employment contract also does not, in most cases, require the conclusion of a written employment contract, its existence, or not, will depend on the way its functions are effectively exercised. If you suspect the existence of an employment relationship, you should contact a lawyer with a view to analyzing your case and interceding with your company in order to recognize your employment relationship and, if necessary, resort to court. If it is confirmed that you are a company employee, the situation that you describe to us may constitute a situation of discrimination at work.

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5.5. If any provision of this Privacy Policy is considered illegal or illegitimate by the authority of the location in which the USER resides or of his internet connection, the other conditions will remain in full force and effect.

In any legal action, Brazilian law and the jurisdiction of the city of São Paulo apply, except where specifically provided for by the Applicable Law (such as the USER’s domicile).

6.1. This Privacy Policy will be interpreted in accordance with Brazilian law, in the Portuguese language, being elected the forum of the city of São Paulo to settle any litigation or controversy involving this document, unless specific proviso of personal, territorial or functional competence by the Applicable Law.

The following are specific conditions applicable to certain companies / products / services of the UOL Group, identified in each section. If the USER contracts with any of the companies or uses one or more of the products / services described below, the following conditions will apply in addition to that established in the Privacy Policy.

7.1.1. If the USER uses the online platform for providing investment and financing services offered by UOL Group companies (“Investment and Financing Platform”), the following complementary conditions will apply.

7.1.2. When using the Investment and Financing Platform, the USER may be asked to provide additional documents and information, including for the purposes of credit analysis, as well as to perform know-your-client procedures and prevent money laundering. . The information obtained by the UOL Group will be treated as confidential information, under the terms of Complementary Law No. 105 of January 10, 2001, which provides for the confidentiality of the operations of financial institutions.

7.1.3. In the event that the UOL Group suspects that false information has been made available by the USER, third parties may be called upon in order to ascertain the possibility of fraud; they will have access to the information made available with the sole purpose of verifying the occurrence or not of the possible fraud.

7.1.4. The UOL Group may transfer data obtained to other market agents, such as financial institutions, which will be necessary, solely and exclusively, to carry out activities related to the Investment and Financing Platform.

7.1.5. In addition to the purposes described in the Privacy Policy, UOL Group or third party service providers are authorized to use the information provided by USERS for the following purposes:

(vi) make the Investment and Financing Platform access page available to its users and identify the services of their interest;

7.1.6. The UOL Group has physical, electronic and procedural protection resources for the Investment and Financing Platform, which meet national and international legal standards for the protection of personal information, such as access authentication mechanisms with double authentication systems, ensuring individualization of the person responsible for processing the records, detailed inventory of access to the Investment and Financing Platform and use of records management solutions by techniques that guarantee the inviolability of the data.

7.2.1. If the USER uses the “PagBank” payment management service, the following complementary conditions will apply.

7.2.2. If the USER authorizes, UOL Group may access the information present in the USER’s email boxes for managing bank slips.

(i) will only occur with the prior and express authorization of the USER, which can be granted and revoked at any time using tools available in the USER’s email;

(iii) will be restricted only to e-mails related to bank slips, for the functioning of the functionality offered by the UOL Group that allows the USER to manage their accounts payable, as well as facilitate their payment using the services / products of the UOL Group; and

(iv) it depends on the USER’s email provider to have functionality that allows the authorized access of UOL Group. At no time will the UOL Group ask the USER to provide its access credentials from its email.

7.2.4. The use of information received by the Gmail APIs by the UOL Group is in compliance with Google’s Limited Use Requirements (https://developers.google.com/terms/api-services-user-data-policy).

7.2.4.1. UOL Group will only use access to read Gmail message bodies (including attachments), metadata, headers and settings to allow the user to manage consumer accounts and will not transfer this data from Gmail to third parties, unless that it is necessary to provide and improve these resources, comply with applicable law or be part of a merger, acquisition or ve

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This suggests that this is the best she could have, and, in fact, she may be a lot less attractive. And online dating is all about perception in the beginning. Now, remember, advice is not a one size fits all. What works for one may not work for another, experiment and find what works best for you.

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Present your most flattering photos on your profile at all costs. Why you should break it: It may appear that your photos in your formal fellowship will attract more men to your profile. Instead, select flattering photos as recent and authentic as you personally feel possible. You are beautiful as you are; it will be easier than you think! Include your strangest, most peculiar features of your written profile. The way you describe yourself on our profile is an important deciding factor in whether or not a guy is going to chat with you, so keep the information you share true to your personality while remaining relevant.

The wrong guys filter naturally, so the right can discover and fall in love with their cute habits on their own. Sharing your digits can also give you a better idea of ​​whether or not you like a guy; many are fantastic writers or may even have someone writing messages for them, so opening up the possibility of chatting over the phone will reveal whether or not your smart answer exists on the Internet. Enjoy and chat with him a little before meeting in person and writing down personality traits, hobbies or anything else that you consider important.

Go easy on him; but if you find that it is fundamentally incompatible in some way, move on to the next one. Take your photos into consideration when deciding whether or not to start chatting with a guy.

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