May 1, 1943Diario Oficial da Uniao (Brasil)Consolidation of Labor LawsLast amended October, 2000 - all amendments included...
(a) domestic employees, that is to say, in general, persons who perform                 services of a non-profit-making ch...
CHAPTER IOCCUPATIONAL IDENTIFICATIONDivision IWork and social insurance booksArt. 13. (Amended by Decree-Law No. 926 of Oc...
Sole Subsection. (Amended by Law No. 5.686 of August 3, 1971) If none of the bodies referredto above are available, an agr...
Art. 22. Repealed by L.D. # 926 of Oct. 10, 1969.Art. 23. Repealed by L.D. # 926 of Oct. 10, 1969.Art. 24. Repealed by L.D...
competent authority of the failure to make the entry, for the purpose of                 establishing the procedure for ma...
Sole Subsection. On the expiration of the time limit fixed for defense, the file shall be submittedto the administrative a...
Art. 45. Repealed L.D. # 229 of Feb. 28, 1967.Art. 46. Repealed by L.D. # 229 of Feb. 28, 1967.Art. 47. Any undertaking ha...
Book of its employees, or whose reasons for refusing to do so have been disallowed asimproper, shall be liable to a fine e...
(1) In the cases covered by this article, the performance of overtime may be                required, irrespective of any ...
Art. 66. A rest period of not less than 11 consecutive hours shall be granted between 2 dayswork.Art. 67. Every employee s...
NIGHT WORKArt. 73. Except in cases where work is organized in weekly or fortnightly shifts, the remunerationfor night work...
of the offender; in the event of a repetition of the offense, obstruction to inspection or disrespectto an authority, the ...
(3) The Ministry of Labor, Industry and Commerce shall revise periodically the                 schedules mentioned in subs...
Division IVPowers and Duties of Minimum Wage BoardsArt. 101-Art. 111. Repealed by Law No. 4589 of Dec. 11, 1964.Division V...
times the regional value of reference, which shall be doubled in the event of a repetition of theoffense.Art. 121. Repeale...
I. absence in cases covered by article 473;                II. the compulsory absence of a woman employee on account of he...
Grant of Leave and Dates ThereofArt. 134. Leave shall be granted by the employer in a single period in the course of the 1...
(1) Such leave may be taken in two annual periods, on condition that neither of                them is less than ten calen...
(5) Any supplements for overtime, night work or work in unhealthy or dangerous                conditions shall be included...
Beginning of the Period of LimitationArt. 149. The period of limitation within which an employee must claim the grant of l...
Art. 153. (Amended by Law No. 7855 of Oct. 24, 1989) Infringements of this Chapter shall bepunishable with a fine equal to...
Art. 158. An employee shall be required to --                I. observe the rules governing occupational safety and health...
(5) Regardless of any appeal, a regional labor officer may cancel a prohibition                 after receiving a technica...
from among his representatives and the employees shall elect the vice-                chairman from among their representa...
(4) (Amended by Law No. 7855 of Oct. 24, 1989) Every                                 establishment shall be equipped with ...
Sole Subsection. Artificial ventilation shall be compulsory if natural ventilation does not ensurean adequate temperature....
Art. 184. Machinery and equipment shall be fitted with controls for starting and stopping andsuch other devices as are nec...
Art. 190. The Ministry of Labor shall approve a schedule of unhealthy activities and operationsand shall make rules for th...
(3) The provisions of the preceding subsections shall be without prejudice to the                supervisory functions of ...
IV. fire protection in general and the appropriate preventive measures, including                the special lining of doo...
Bank EmployeesArt. 224. (Amended by Law No. 7430 of Dec. 17, 1985) The normal hours of work of employeesin banks, banking ...
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  1. 1. May 1, 1943Diario Oficial da Uniao (Brasil)Consolidation of Labor LawsLast amended October, 2000 - all amendments includedTITLE IINTRODUCTIONArt. 1. This Consolidation lays down the rules which shall govern the individual and collectiveemployment relations specified therein.Art. 2. "Employer" (empregador) shall mean the individual or body corporate who or whichassumes the financial risks of an undertaking and engages, pays and directs the workpersonally performed by persons in his employment. (1) Exclusively for the purposes of employment relations, members of the liberal professions, philanthropic institutions, associations formed for purposes of sport and other non-profit making institutions which engage workers as employees shall be placed on the same footing as employers. (2) If an undertaking or undertakings each of which if a body corporate in its own right are nevertheless carried on under the direction, supervision or management of another undertaking, thereby constituting an industrial or commercial group or a group belonging to some other economic activity, the principal undertaking and each of the subordinate undertakings shall be jointly responsible for the purposes of employment relations.Art. 3. "Employee (empregado) shall mean any person who performs services other than casualservices for an employer under the direction of the employer and in return for remuneration.Sole Subsection. No distinction shall be made on account of the nature of the employment orthe situation of the worker nor between intellectual, technical and manual work.Art. 4. Except as expressly provided to the contrary, "actual work" (servico efectivo) shall meanthe period during which the employee is at the disposal of the employer, waiting for or carryingout orders.Sole Paragraph. (Added by Law No. 4.072 of June 16, 1962) In the computation of the length ofservice for the purpose of indemnification and stability, the periods in which the employee wasseparated from the job due to military service or because of a labor accident shall be countedas time of employment.Art. 5. Equal wages shall be paid for equal work without distinction of sex.Art. 6. A distinction shall not be made between work performed in the establishment of theemployer and work performed in the home of the employee, provided that the existence of theemployment relationship is duly established.Art. 7. Except where expressly provided to the contrary in a particular case, the provisions ofthis Consolidation shall not apply to the following persons: d#235635 - v1
  2. 2. (a) domestic employees, that is to say, in general, persons who perform services of a non-profit-making character for an individual or a family in their household; COMMENT: This provision may have been prejudiced by Art. 7 of the Constitution of 1988. (b) agricultural workers, that is to say, persons who perform work directly connected with agriculture and stockraising and are not employed in work which, on account of the manner in which it is performed or the purpose of the processes, can be classified as industrial or commercial; COMMENT: This provision may have been prejudiced by Art. 7 of the Constitution of 1988. (c) (Amended by Decree-Law No. 8,079 of October 11, 1945) public officials in the service of the Union, a State or municipality or supernumeraries employed in the various departments thereof; (d) (Amended by Decree-Law No. 8.079 of October 11, 1945) employees of autonomous administrative bodies provided that they are covered by a system of protection in employment which guarantees them a situation similar to that of public officials.Sole Paragraph. Repealed by Decree-Law No. 8.079 of October 11, 1945.Art. 8. In default of statutory or contractual provisions, the administrative authorities and thelabor courts shall decide in each case on the basis of jurisprudence, analogy, equity or otherprinciples and general rules of law, in particular labor law, and further, in conformity withcustomary practice and comparative law, but always in such a manner that class or privateinterests do not in any case prevail over the public interest.Sole subsection. The ordinary law shall be a subsidiary source of labor law in so far as it is notincompatible with the fundamental principles of labor law.Art. 9. Any act committed for the purpose of obstructing, rendering nugatory or evading theapplication of the provisions laid down in this Consolidation shall be automatically null and void.Art. 10. Alterations in the legal status of an undertaking shall not affect the rights acquired by itsemployees.Art. 11. (Amended by Law 9658 of June 5, 1998, effective June 8, 1998) The right of action onaccount of conditions resulting from labor relations shall prescribe: I. in five years for an urban worker, up to the limit of two years after the termination of the contract; II. in two years, after the termination of the labor contract, for a rural worker.Paragraph 1. The provisions in this article shall not be applied to actions having as theirobjective records for purposes of evidence concerning Social Welfare.Art. 12. A special law shall be enacted to lay down provisions relating to social insurance.TITLE IIGENERAL RULES FOR THE PROTECTION OF LABOR d#235635 - v1
  3. 3. CHAPTER IOCCUPATIONAL IDENTIFICATIONDivision IWork and social insurance booksArt. 13. (Amended by Decree-Law No. 926 of October 10, 1969) The employment and socialinsurance book shall be compulsory for any person accepting any employment, includingemployment of a rural nature, even temporary employment, and for self-employed personscarrying on a gainful activity. (1) (Amended by Decree-Law No. 926 of October 10, 1969) This article shall also apply to-- I. the owner, whether rural or not, who works on his own account or in a family undertaking (the latter expression being taken to mean the enterprise of the members of one family indispensable for their own subsistence and carried on in conditions of mutual dependency and collaboration). II. persons who farm, as a family undertaking and without employees, an acreage not exceeding the rural standard acreage or any other limitation as to acreage fixed for each region by the Ministry of Labor and Social Welfare. (2) (Amended by Decree-Law No. 926 of October 10, 1969) The employment and social insurance book and the corresponding declaration card shall conform to models prescribed by the Ministry of Labor and the Administration. (3) (Amended by Decree Law No. 5.686 of August 3, 1971) In places where employment and social insurance books are not issued a person not in possession of such book may be permitted to remain up to 30 days in an employment or a remunerated activity, the undertaking being obliged to allow such person to report to the nearest office where such books are issued. (4) (Amended by Decree-Law No. 926 of October 10, 1969) In the case referred to in paragraph (3)-- I. the employer shall provide the employee on engaging him with a document indicating the date of his engagement, the nature of the work, the wage and the manner in which it is paid; II. if the employee is still not in possession of the employment and social insurance book on the date on which his employment comes to an end, the employer shall issue him with a certificate stating the background facts of the employment relation.Division IIIssue of Work and Social Insurance BookArt. 14. (Amended by Decree-Law No. 926 of October 10, 1969) The employment and socialinsurance book shall be issued by the regional labor offices, or, by agreement, by the federal,state, or municipal bodies for direct or indirect administration. d#235635 - v1
  4. 4. Sole Subsection. (Amended by Law No. 5.686 of August 3, 1971) If none of the bodies referredto above are available, an agreement may be made with the trade union for the same purpose.Art. 15. The employment and social insurance book shall be issued on the application in personof the applicant to the body issuing the book; applicants shall provide proof of their identity andmake the necessary declarations.Art. 16. (Amended by Law No. December 12, 1991) The employment and social insurance book(CTPS) shall bear a serial number, the date of issuance and pages for entries pertinent to thelabor contract and to the interest of Social Insurance, and shall contain: I. a photograph (full face, 3 cm x 4 cm); II. forename and surname, date and place of birth and signature; III. name, age and marital status of any dependents; IV. number of naturalization document or date of arrival in Brazil and other data indicating the identity of the alien (where applicable).Sole Subsection. The employment and social insurance book - CTPS - shall be issued onpresentation of the following documents by the applicant: (a) two photographs as stipulated in clause I above; (b) any official document of personal identification of the interested party, in which data concerning the full name, affiliation, date and place of birth are contained.Art. 17. If the applicant is unable to produce a suitable document identifying him, theemployment and social insurance book shall be issued on the basis of verbal declarationsconfirmed by two witnesses and signed by the said witnesses on the first page. (1) In the case of a young person under 18 years of age the declarations referred to in this article shall be made by the minors parent or guardian. (2) If the applicant does not know how to write or is unable to sign his name, his fingerprints or the signature of a person authorized by him shall suffice.Art. 18. Repealed by Law No. 7.855 of October 24, 1989.Art. 19. Repealed by Law No. 7.855 of October 24, 1989.Art. 20. All entries concerning change of marital status and dependents of the bearer of theemployment and social insurance book shall be made by the National Social InsuranceInstitution; only if this is impossible may such entries be made by the bodies competent to issuethese books.Art. 21. (Amended by Law No. 5,686 of August 3, 1971) When the spaces provided for entriesand notes is unusable or full, the interested party must obtain another book, keeping the numberand the series of the previous book. (1) Repealed by Decree-Law No. 926 of October 10, 1969. (2) Repealed by Decree-Law No. 926 of October 10, 1969. d#235635 - v1
  5. 5. Art. 22. Repealed by L.D. # 926 of Oct. 10, 1969.Art. 23. Repealed by L.D. # 926 of Oct. 10, 1969.Art. 24. Repealed by L.D. # 926 of Oct. 10, 1969.Division IIIDelivery of Work BooksArt. 25. Work books shall be delivered to the persons concerned personally against a receipt.Art. 26. An industrial association, on application by its committee of management, may assumeresponsibility for issuing work books requested by its members and by other persons engagedin occupations of the same type.Sole Subsection. No industrial association, on pain of the penalties instituted by this Chapter,may charge a fee for issuing a workbook; the delivery of workbooks to the associationsheadquarters shall be supervised by the regional office or other competent authority.Art. 27. Repealed by Law No. 7.855 of October 24, 1989.Art. 28. Repealed by Law No. 7.855 of October 24, 1989.Division IVEntriesArt. 29. (Amended by Law No. 7.855 of October 24, 1989) An employee shall be required tohand his work book over, in exchange for a receipt, to the employer by which he is recruited,and the employer shall have a period of 48 hours to enter in it, specifically, the date of hisrecruitment, the rate of remuneration and any special conditions of employment, if any, beingable to adopt a manual, mechanical or electronic system, in accordance with instructions to beissued by the Minister of Labor. (1) (Amended by Decree-Law No. 229 of February 28, 1967) The entry relating to the rate of remuneration shall specify the wage, irrespective of the form of payment, whether in cash or in kind, and an estimate of the amount received by way of tips. (2) (Amended by Law No. 7.855 of October 24, 1989) The entries in the work and social insurance book shall be made: a) in the data-base; b) at any time, upon request of the worker; c) in the case of rescission of the contract; or d) when necessary for verification for Social Insurance purposes. (3) (Amended by Law No. 7.855 of October 24, 1989) Where an employer fails to comply with the provisions of this article, the offense shall occasion the drawing up of a writ by the Labor Inspector, who must, ex officio, notify the d#235635 - v1
  6. 6. competent authority of the failure to make the entry, for the purpose of establishing the procedure for making the entries.Art. 30. (Amended by Decree-Law No. 926 of October 10, 1989)Employment injuries mustobligatorily be entered into the injured person’s book by the National Social InsuranceInstitution.Art. 31. The holder of a work book shall be entitled to present it to the competent authority sothat the appropriate entries can be made; his request may not be refused or any charges made,other than those prescribed by law.Art. 32. Entries relating to changes in the civil status of the holder of a work book shall be madeon production of documentary evidence. Statements relating to dependents shall be recordedon the appropriate cards by the official responsible for matters of occupational identification atthe request of the person making the statement, who shall sign against the entry.Sole Subsection. The regional offices or competent authorities shall notify the National LaborDepartment of all changes made to work books.Art. 33. Entries on registration cards and in work books shall be made consecutively, withoutabbreviations; any alterations, additions or other points likely to give rise to doubt shall beinserted at the end of each entry.Art. 34. In the case of services in any occupation performed by the job, whether individually orcollectively, with or without supervision by the other contracting party, the entry in the work bookshall be made by the industrial association concerned or by the legal representative of its co-operative society.Art. 35. Repealed by Law No. 6.533 of May 24, 1978.Division VClaims on account of failure or refusal to make entriesArt. 36. Where an undertaking refuses to make the entries prescribed in article 29 or to return awork book that an employee has handed over, the employee may appear either in person orthrough the intermediary of his industrial association before the regional office or competentauthority for the purpose of lodging a complaint.Art. 37. In cases covered by article 36 arrangements shall be made to investigate the matter,after the complaint has been duly recorded; the provisions of subsection (2) of article 29 shall beobserved, where appropriate, and notice shall subsequently be served on the employer byregistered letter, if he persists in his refusal, summoning him to appear on a particular day andat a particular time to furnish explanations, return the work book or make the prescribed entriesin it.Sole Subsection. If the employer fails to appear, a note shall be made of his absence; he shallbe deemed to be in default and to have admitted the accusation made against him, and theentry shall be made ex officio by the authority dealing with the complaint.Art. 38. If the employer appears and refuses to make the entries demanded, a minute shall bedrawn up recording his appearance and including the following particulars, inter alia, viz., theplace, day and time of the drawing up of the minute and the name and address of the employer,who shall be granted a time limit of forty-eight hours, reckoned from the date of the minute, forsubmission of his defense. d#235635 - v1
  7. 7. Sole Subsection. On the expiration of the time limit fixed for defense, the file shall be submittedto the administrative authority of first instance in order that the necessary proceedings may betaken to complete the entries or that judgment may be given if the case is considered to besufficiently clear.Art. 39. If it is found that the employers allegations cast doubt on the existence of theemployment relationship or if it is impossible to ascertain by administrative methods whethersuch a relationship exists, the case shall be referred to the judicial machinery dealing with labormatters, in which case any proceedings arising out of the report of the offense shall besuspended. (1) If no agreement can be reached, the conciliation and arbitration board shall give instructions in its award for the clerk to make the necessary entries once the matter has been settled and to notify the competent authority so that the appropriate fine can be imposed. (2) The same procedure shall be followed in labor suits of all kinds if it is found that the necessary entries have been omitted from a work book, and in this case the judge shall give instructions for any entries that are not contested to be made without delay.Division VIEvidential Value of EntriesArt. 40. A work book that has been duly issued and contains the proper entries shall beaccepted as evidence in any matter for which identity documents are required to be produced,and more particularly-- (1) in any dispute before a labor court between the undertaking and the employee in connection with wages, leave or periods of service; (2) for social welfare purposes, in connection with the registration of dependents; (3) for the calculation of employment injury compensation.Division VIIRegisters of EmployeesArt. 41. (Amended by Law No. 7.855 of October 24, 1989) In all activities it shall be compulsoryfor the employer to keep a register of his employees, possibly adopting books, files or anelectronic system for the purpose, in conformity with instructions to be issued by the Minister ofLabor.Sole Paragraph. (Amended by Law No. 7.855 of October 24, 1989) The civil or occupationalqualifications of each employee and also all particulars relating to admission to employment,duration and effective date of employment, holidays, accidents and other circumstancesaffecting the protection of the employee shall be entered in the said register.Art. 42. All records or registration cards relating to employees shall be endorsed and attested bythe regional offices or competent authorities.Art. 43. Repealed by Law No. 7.855 of October 24, 1989.Art. 44. Repealed by Law No. 7.855 of October 24, 1989. d#235635 - v1
  8. 8. Art. 45. Repealed L.D. # 229 of Feb. 28, 1967.Art. 46. Repealed by L.D. # 229 of Feb. 28, 1967.Art. 47. Any undertaking having in its service an employee who has not been registered in termsof article 41 or the sole subsection of that article shall be liable to a fine equal to the regionalminimum wage for every employee not registered, the fine being increased by an equal amountfor every repetition of the offense.Sole Subsection. Any other offense in connection with the registration of employees shall renderthe undertaking liable to a fine equal to half the regional minimum wage, which shall be doubledfor every repletion of the offense.Art. 48. The fines provided for in this division shall be imposed by the regional authorities of theMinistry of Labor.Division VIIIPenaltiesArt. 49. A person committing any of the following acts in connection with the issue, replacementor annotation of a work book shall be deemed to be guilty of a forgery and shall be liable to thepenalties provided for in article 299 of the Penal Code:(1) if he draws up any document which is false, either wholly or in part, or alters a documentwhich is true:(2) if he makes a false statement with regard to his own or any other persons identity,parentage, birthplace, address, occupation, civil status or dependents;(3) if he uses a document that has been falsified in any way;(4) if he forges a work book by altering it or making it himself, or sells, uses or possesses such abook that has been forged in such a way.(5) if he makes any entry in a work book or employees register with intent to deceive, orrecognizes or affirms an untrue date of admission to employment in any suit or elsewhere.Art. 50. If a statement made for the purpose of the issue of a work book or an entry in a workbook is found to be false, the fact shall be reported to the authority which issued the book for thepurpose of the necessary legal action.Art. 51. (Amended by DL No. 229 of Feb. 28, 1967 and Law No. 7855 of Oct. 24, 1989) Anyperson, whether engaged in commerce or not, who sells or offers for sale any kind of work bookidentical with or similar to the officially adopted pattern shall be liable to a fine equal to 90 timesthe regional value of reference.Art. 52. (Amended by Law No. 7855 of Oct. 24, 1989) Loss of, or failure to keep up to date theentries in, the employment and social insurance book through the undertakings negligenceshall render the undertaking liable to pay a fine equal to 15 times the regional reference value.Art. 53. (Amended by Law No. 7855 of Oct. 24, 1989) An enterprise that receives anEmployment and Social Insurance Book to make entries in it shall be liable to a fine equal to 15times the regional reference value if he keeps the book for more than 48 hours.Art. 54. (Amended by Law No. 7855 of Oct. 24, 1989) An enterprise that, after being dulysummoned, fails to appear in order to make entries in an Employment and Social Insurance d#235635 - v1
  9. 9. Book of its employees, or whose reasons for refusing to do so have been disallowed asimproper, shall be liable to a fine equal to 30 time the regional reference value.Art. 55. (Amended by DL No. 229 of Feb. 28, 1967 and Law No. 7855 of Oct. 24, 1989) Anenterprise contravening article 13 or any of the subsections of that article shall be liable to a fineequal to 30 times the regional reference value.Art. 56. (Amended by DL No. 229 of Feb. 28, 1967 and Law No. 7855 of Oct. 24, 1989) Anyindustrial association charging a fee for delivering an Employment and Social Insurance workbook shall be liable to a fine equal to 90 times the regional value of reference.CHAPTER IIIDIVISION IPRELIMINARY PROVISIONArt. 57. The provisions of this chapter shall apply to all activities other than those which areexpressly excluded, provided that the special provisions relating strictly to particular specifiedoccupations which are laid down in Chapter I of Title III, shall be exceptions thereto.DIVISION IIDAILY HOURS OF WORKArt. 58. The normal hours of persons engaged in private employment of any kind shall notexceed eight hours a day, unless another limit is expressly fixed.Art. 59. The normal hours of work may be increased by not more than 2 hours a day by anagreement in writing between the employer and the employee or by a collective contract ofemployment. (1) (Amended by the Constitution of 1988) The agreement or the collective contract of employment shall specify the amount of the remuneration to be paid for overtime; the rate shall not be less than 50% in excess of the normal rate. (2) The increased rate may be waived if, in pursuance of an agreement or a collective contract, overtime in one day is made up by a corresponding reduction in the hours of work on another day, so that the normal weekly hours of work are not exceeded and that the daily hours of work do not in any case exceed 10 hours.Art. 60. In unhealthy occupations, which shall be deemed to mean those specified in theschedules mentioned in the chapter entitled "Industrial hygiene and safety" or any which mayhereinafter be added to them by an order of the Minister of Labor, Industry and Commerce,prolongation of the hours of work shall not be permitted except under a permit issued inadvance by the authorities competent with respect to industrial hygiene, which for this purposeshall make the necessary inquiries on the spot and examine the methods and processes ofwork, either directly or through Federal, State or municipal health authorities, with which theyshall enter into an agreement for this purpose.Art. 61. In the event of urgent necessity, the hours of work may be prolonged beyond thestatutory limits or the limits fixed by agreement, in order to meet cases of force majeure or tocarry out or complete work which cannot be postponed or failure to carry out which might entailmanifest loss. d#235635 - v1
  10. 10. (1) In the cases covered by this article, the performance of overtime may be required, irrespective of any agreement or collective contract; notice of such overtime shall be given within 10 days to the authority competent for labor matters or, without prejudice to this notice, evidence of the necessity for the overtime shall be furnished on the occasion of an inspection before the expiration of the said time limit. (2) In cases of overtime worked for reasons of force majeure, the remuneration for overtime shall not be less than that payable for ordinary hours of work. In other cases of overtime provided for in this article, the remuneration shall not be less than 25% higher than the normal rate, and the hours of work shall not exceed 12 hours a day unless another limit is expressly fixed by law. (3) In the event of interruption of work due to an accidental cause or force majeure rendering work impossible, the hours of work may be prolonged to the extent necessary, but not more than 2 hours, on the number of days requisite to make up the time lost, provided that they shall not exceed 10 hours in the day and that they shall not be so prolonged on more than 45 days in the year; such making up of lost time shall be subject to authorization in advance by the competent authority.Art. 62. (Amended by Law No. 8966 of Dec. 27, 1994, effective Dec. 28, 1994) The followingshall not be included in the system provided in this Chapter: I. Employees who perform work outside the establishment which is incompatible with a fixed time table; this shall be explicitly mentioned in the Employment and Social Insurance work book and in the register of employees; II. Managers; the term "manager" shall be deemed to mean a person who performs managerial duties who are equivalent, for the purpose of this article to directors and heads of a department or of a subsidiary.Sole Paragraph. (Amended by Law No. 8966 of Dec. 27, 1994, effective Dec. 28, 1994) Thesystem provided in this Chapter shall be applicable to the employees mentioned in item II of thisarticle, when the salary of the manager, including the bonus, is less than the value of arespective effective wage increased by 40%.Art. 63. A distinction shall not be made between employees and persons with an interest in theundertaking, and, except in the case of profits paid to partners in the undertaking, a share inprofits or commission shall not exempt the person concerned from the applications of theprovisions of this chapter.Art. 64. In the case of an employee paid by the month, the ordinary hourly wage shall beobtained by dividing the monthly wage corresponding to the duration of the work, as specifiedin article 58, by 30 times the number of daily hours of work.Sole Subsection. If the employee has worked for less than 30 days, the number of days actuallyworked in the month shall be substituted for the purposes of the calculation of the hourly wage.Art. 65. In the case of an employee paid by the day, the ordinary hourly wage shall be obtainedby dividing the daily wage for the hours of work specified in article 58 by the number of hours ofactual work.DIVISION IIIREST PERIODS d#235635 - v1
  11. 11. Art. 66. A rest period of not less than 11 consecutive hours shall be granted between 2 dayswork.Art. 67. Every employee shall be granted a weekly rest period of 24 consecutive hours, whichshall be given wholly or partly on Sunday unless reasons of public interest or reasons arisingout of urgent requirements of the work render another arrangement necessary.Sole Subsection. In the case of services where Sunday work is necessary, except theatricalcompanies, a roster shall be drawn up on a monthly basis in conformity with a timetable, whichshall be subject to inspection.Art. 68. Work on Sunday, whether for the whole or part of the day, in accordance with article 67,shall be subject in every case to a permit issued in advance by the authority competent forlabor matters.Sole Subsection. This permit shall be permanent in the case of work which on account of itsnature or for reasons of public interest must be carried on Sundays; the Minister of Labor,Industry and Commerce, shall issue instructions to specify the kind of work in question. In othercases a temporary permit shall be granted for a specified period, which shall not exceed 60days on each occasion.Art. 69. In regulations governing the working of undertakings covered by this chapter,municipalities shall comply with the rulings laid down therein; the regulations issued shall not becontrary to the said rules or to the instructions issued for their administration by the authoritiescompetent for labor matters.Art. 70. Save as provided in articles 68 and 69, work shall be prohibited on the national andreligious holidays as prescribed in the relevant legislation.Art. 71. Every spell of more than 6 hours continuous work shall be interrupted by an obligatorybreak for rest or a meal; this break shall not be less than 1 hour and, except as otherwiseprovided by an agreement in writing or a collective contract, may not be more than 2 hours. (1) In the case of a spell or more than 4 hours, but less than 6 hours, a break of 15 minutes shall be compulsory. (2) The breaks for rest shall not be included in the hours of work. (3) (Amended by DL No. 229 of Feb. 28, 1967) The minimum break of one hour for rest or a meal may be reduced by an order of the Minister of Labor, Industry and Commerce, if it is found, after consultation with the National Department of Safety and Health of Labor (DNSHT), that the establishment satisfies in every respect the requirements respecting the establishment of mess rooms and if the employees concerned are not required to work overtime. (4) (Added by Law No. 8923 of July 27, 1994, effective July 28, 1994) When the break for rest or a meal provided in this article is not granted by the employer, he shall be obligated to pay for the corresponding period with a minimum 50% increase on the value of the remuneration of a normal hour of work.Art. 72. In the case of permanent services for mechanical recording (typewriting, accounting orcalculating machines), a break of 10 minutes shall be allowed after each period of 90 minutes ofconsecutive work; the break shall not be deducted from the ordinary hours of work.DIVISION IV d#235635 - v1
  12. 12. NIGHT WORKArt. 73. Except in cases where work is organized in weekly or fortnightly shifts, the remunerationfor night work shall be higher than that paid for day work; the night work rate shall not be lessthan 20 per cent. above the hourly rate for day work. (1) One hours night work shall be reckoned as equal to fifty-two minutes and thirty seconds. (2) For the purposes of this article, work performed between the hours of 10 P.M. on one day and 5 A.M. on the following day shall be deemed to be night work. (3) The higher rate provided for in this article shall be fixed, in undertakings which by reason of the nature of their operations do not normally work during the night, on the basis of the rates paid for similar work during the day. In the case of undertakings where the nature of their operations involves night work, the increased rate shall be calculated on the basis of the minimum current wage rate in the area and shall not be payable if the remuneration paid already exceeds the said minimum rate plus 20 per cent. (4) In the case of mixed working hours, that is to say those including both day work and night work, the provisions of this article and the subsections thereof shall apply to the hours of night work. (5) The provisions of this Chapter shall apply in cases where night work is extended.Division VTimetablesArt. 74. The hours of work shall be shown on a timetable drawn up in conformity with a modelprescribed by the Ministry of Labor, Industry and Commerce and posted up in a conspicuousplace. If the distribution of hours of work is not the same for all the employees in the same groupor shift, the timetable shall show the hours of work of each employee. (1) The hours of work shall be entered in the register of employees, with a note of collective agreements or contracts concluded (if any). (2) In establishments with more than ten employees, the hours at which employees enter and leave the establishment shall be recorded by a mechanical recording appliance or otherwise; the breaks for rest shall also be recorded. (3) If work is performed outside the establishment, the hours of work of the employees shall be shown clearly on a card or paper in their possession, without prejudice to the provisions of subsection (1) of this article.Division VIPenaltiesArt. 75. (Amended by Law No. 7855 of Oct. 24, 1989) Persons guilty of a contravention of theprovisions of this chapter shall be liable to a fine of not less than 3 nor more than 300 time theregional values of reference, according to the nature of the offense, its extent and the intention d#235635 - v1
  13. 13. of the offender; in the event of a repetition of the offense, obstruction to inspection or disrespectto an authority, the fine shall be doubled.Sole Subsection. The Regional Labor Officers shall be competent to impose penalties.CHAPTER IIIMINIMUM WAGESDivision IDefinitionArt. 76. "Minimum wage" (salario minimo) shall mean the minimum remuneration payable andpaid directly by the employer to an employee (including an agricultural worker), irrespective ofsex, for a normal days work, which is sufficient to satisfy his normal needs as regards food,housing, clothing, hygiene and transport, at a specified period and in a specified region of thecountry.Art. 77. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 78. If the remuneration is paid by the job or at task or piece rates, the employee shall beguaranteed a daily wage which shall not in any case be less than the minimum wage fixed for anormal days work in the region, zone or sub-zone.Sole Subsection. Where the monthly minimum wage of an employee working on a commissionor percentage basis consists of a fixed rate plus a fluctuating rate, he shall invariably beguaranteed the minimum wage, and it shall not be lawful to make any deduction during thefollowing month by way of compensation.Art. 79. When fixing the minimum wage of employees engaged in unhealthy work, the minimumwage board may increase the normal minimum wage for the region, zone or sub-zone by fiftyper cent.Art. 80. The wage payable to an apprentice who is still a minor shall never be less than half theregional minimum wage during the first half of the maximum term fixed for the apprenticeship inthe trade concerned. During the second half he shall receive at least two-thirds of the regionalminimum wage.Sole Subsection. A young person between the ages of 12 and 18 years shall be deemed to bean apprentice if he is receiving systematic vocational training in the trade in which he isemployed.Art. 81. The minimum wage shall be calculated in accordance with the formula mw=a + b + c +d + e, in which a, b, c, d, and e represent respectively the value of the daily expenditure on food,housing, clothing, hygiene and transport which are necessary for the existence of an adultemployee. (1) The element of the minimum wage representing food shall be at least equal to the total value of the foodstuffs enumerated in duly approved schedules of foodstuffs necessary for the daily nourishment of an adult employee. (2) Certain foodstuffs may be replaced by the equivalents in each group specified likewise in the schedules mentioned in the preceding subsection, if the conditions prevalent in a region, zone, or sub-zone make this advisable, due account being taken of the nutritive values fixed in the said schedules. d#235635 - v1
  14. 14. (3) The Ministry of Labor, Industry and Commerce shall revise periodically the schedules mentioned in subsection (1) of this article.Art. 82. If the employer supplies any element or elements of the minimum wage in kind, thepecuniary part of the wage shall be calculated in accordance with the formula PW . MW - P, inwhich PW represents the pecuniary wage, MW the minimum wage, and P the aggregate value,in the region, zone or sub-zone concerned, of the above-mentioned elements.Sole Subsection. The part of the minimum wage paid in money shall not in any case be lessthan 30% (thirty per dent.) of the minimum wage fixed for the region, zone or sub-zoneconcerned.Art. 83. A homeworker shall be entitled to the minimum wage; "homeworker" (trabalhador emdomicilio) shall mean a person who performs work in his own home or in a family workshop onaccount of an employer who pays him for the said work.Division IIRegions, Zones and Sub-zonesArt. 84. For the purpose of the application of the minimum wage the country shall be divided into23 regions corresponding to the States and the Federal District.COMMENT: The number of regions stated above is in accordance with Decree No. 49595 ofDec. 28, 1960. This article has been prejudiced by Art. 7 of the Constitution.Art. 85. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 86. (Art. 7 of the Constitution of 1988 prejudiced this provision) If variations in the cost ofliving are found to exist in any region or zone owing to the economic conditions prevailing inurban, suburban, rural or coastal areas, the Minister of Labor, on the recommendation of theDepartment of Employment and Wages, and after consultation with the National Council ofWage Policy, shall authorize it to subdivide the region or zone in accordance with theseconditions. (1) (Amended by Law No. 5381 of Dec. 9, 1968) In cases covered by this article subordinate local boards shall be set up under the minimum wage boards, to which they shall make recommendations respecting the local minimum wage. (2) (Added by Law No. 5381 of Dec. 9, 1968. The provisions of this paragraph have been prejudiced by Art. 7 of the Constitution) Insofar as the circumstances mentioned in this article are verified, the minimum wage established for the original municipalities shall be in force in the municipalities that have been created as divisions thereof. (3) (Added by Law No. 5381 of Dec. 9, 1968. The provisions of this paragraph have been prejudiced by Art. 7 of the Constitution) In the case of new municipalities formed from the division of more than one municipality, until the circumstances can be verified, the highest minimum wage established for the municipalities from which they originate shall be in force therein.Division IIIConstitution of the BoardsArt. 87-Art. 100. Repealed by Law No. 4589 of Dec. 11, 1964. d#235635 - v1
  15. 15. Division IVPowers and Duties of Minimum Wage BoardsArt. 101-Art. 111. Repealed by Law No. 4589 of Dec. 11, 1964.Division VFixing of the Minimum WageArt. 112. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 113. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 114. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 115. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 116. Sixty days after its publication in the Diario Oficial, the Decree fixing the minimumwage shall become binding on all persons, who utilize the labor of others in return forremuneration. (1) When a minimum wage has been fixed, it shall remain in operation for three years; it may be altered or maintained for a further period of three years and for subsequent periods of three years by a decision of the competent minimum wage board approved by the Minister of Labor, Industry and Commerce. (2) By way of exception the minimum wage may be altered before the expiration of the period of three years during which it is in force, provided that the competent minimum wage board decides by a vote of three-fourth of its members that economic factors have caused a fundamental alteration in the economic and financial situation of the region, zone or sub-zone concerned.Division VIGeneral ProvisionsArt. 117. Every contract or agreement which provides for remuneration lower than the minimumwage fixed for the region, zone or sub-zone to which the agreement or contract applies shall beipso facto null and void, and the employer concerned shall be liable to the penalties laid downin article 120.Art. 118. Every employee who receives a wage lower than the minimum wage fixed shall beentitled, notwithstanding any contract or agreement to the contrary, to claim from the employerthe sum necessary to make his wages up to the minimum wage fixed for the region, zone orsub-zone concerned.Art. 119. The period of limitation for actions for the payment of the sum necessary to make upthe minimum wage shall be two years reckoned in the case of each payment of wages from thedate on which it was effected.COMMENT: Art. 7 of the Constitution states that the period of limitation for actions in this caseshall be 5 years.Art. 120. (Amended by Law No. 7855 of Oct. 24, 1989) If any person contravenes any provisionrelating to the minimum wage, he shall be liable to a fine of not less than 3 nor more than 120 d#235635 - v1
  16. 16. times the regional value of reference, which shall be doubled in the event of a repetition of theoffense.Art. 121. Repealed by L.C. # 229 of Feb. 28, 1967.Art. 122. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 123. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 124. The application of the provisions of this chapter shall not in any case serve as a pretextfor a reduction in wages.Art. 125. Repealed by Law No. 4589 of Dec. 11, 1964.Art. 126. The Minister of Labor, Industry and Commerce shall issue the necessary instructionsfor the supervision of the application of the minimum wage and may delegate this supervision toany of the administrative bodies of the Ministry, or to the inspectors of the retirement orsurvivors pensions institutions, in conformity with the legislation in force.Art. 127. Repealed by L.D. # 229 of Feb. 28, 1967.Art. 128. Repealed by L.D. # 229 of Feb. 28, 1967.CHAPTER IVANNUAL LEAVEDivision IRight to and Duration of LeaveArt. 129. Every employee shall be entitled to an annual leave with pay.Art. 130. After every 12 months during which a contract of employment has been in operation anemployee shall be entitled to the following periods of leave: I. 30 calendar days, if he has not been absent from work more than five times; II. 24 calendar days, if he has been absent from work between six and 14 times; III. 18 calendar days, if he has been absent from work between 15 and 23 times; IV. 12 calendar days, if he has been absent from work between 24 and 32 times. (1) It shall not be lawful to deduct an employees absences from work from his period of leave. (2) The leave period shall be considered for all purposes as a period of employment.Art. 131. The following shall not be treated as absence from work for the purposes of thepreceding article: d#235635 - v1
  17. 17. I. absence in cases covered by article 473; II. the compulsory absence of a woman employee on account of her maternity or abortion (other than criminal abortion), provided that she fulfills the qualifying requirements for maternity pay granted by the social insurance scheme; III. absence on account of an employment accident or incapacity for work giving rise to the payment of sickness benefit by the social insurance scheme, except in cases covered by item IV of article 133; IV. absence authorized by the undertaking; V. absence for any period during which the employee is suspended as a preventive measure because of administrative inquiries or preventive detention, provided that the case against him is dismissed or he is acquitted; VI. absence on days on which the employee was not required to work, except in cases covered by item III of article 133.Art. 132. Any period for which a person was employed before reporting for compulsory militaryservice shall be calculated towards his qualifying period for purposes of leave, provided that hereports to the establishment within 90 days of the date of which he is discharged.Art. 133. (Amended by DL No. 1535 of Apr. 13, 1977) An employee shall not be entitled to leaveif, during the qualifying period, he: I. leaves his work and is not reinstated within 60 days of his departure; II. is released from work on full pay for more than 30 days; III. ceases to work, but without loss of pay, for more than 30 days on account of the total or partial suspension of work in the undertaking; IV. draws employment accident or sickness benefit from the social insurance scheme for more than six months, whether consecutive or not. (1) (Amended by DL No. 1535 of Apr. 13, 1977) Any interruption of work must be recorded in an employees employment and social insurance book, (2) (Amended by DL No. 1535 of Apr. 13, 1977) An employee shall begin a new qualifying period on returning to work after any of the events referred to in this article. (3) (Added by Law No. 9016 of March 30, 1995, effective Mar. 31, 1995) For the purposes provided in item III of this article, an enterprise shall notify the local branch of the Ministry of Labor, within a minimum period of 15 days prior to the dates of the beginning and end of a total or partial suspension of work in the enterprise, and, within the same period, notify, under the same terms, the representative trade union of the occupational category, as well as affix a notice in the respective work stations. (4) Vetoed.Division II d#235635 - v1
  18. 18. Grant of Leave and Dates ThereofArt. 134. Leave shall be granted by the employer in a single period in the course of the 12months following the date on which the employee becomes entitled to it. (1) Leave shall be granted only in exceptional cases in two periods, one of which shall not be less than ten calendar days in length. (2) Leave shall invariably be granted in a single period in the case of persons under 18 years of age or over 50 years of age.Art. 135. (Amended by Law No. 7414 of Dec. 9, 1985) An employee shall be given at least 30days notice in writing of the grant of leave. He shall give a receipt for the notice given to him. (1) (Amended by DL No. 1535 of Apr. 13, 1977) An employee shall not go on leave without giving his employment and social insurance book to the employer so that the appropriate entry can be made in it. (2) (Amended by DL No. 1535 of Apr. 13, 1977) The fact that leave has been granted shall also be entered in the register of employees or on their registration cards.Art. 136. The leave dates shall be those most convenient to the employers interests. (1) Members of the same family employed in the same establishment or undertaking shall be entitled to take leave during the same time if they so desire and if not detrimental to the conduct of the work for them to do so. (2) A student employee who is under 18 years of age shall be entitled to take his leave during the school holidays.Art. 137. Where leave is granted after the period referred to in article 134, the employer shallpay twice the corresponding rate of remuneration. (1) Where the aforementioned period has expired without the employer having granted the leave, the employee may enter a petition requesting that his leave dates should be determined by a court decision. (2) The decision shall be accompanied by a daily penalty equal to 5 Per cent of the minimum wage for the region, which shall accrue to the employee until the decision is complied with. (3) A copy of the final decision shall be transmitted to the local office of the Ministry of Labor, in order that the administrative fine can be imposed.Art. 138. An employee shall not perform services for another employer while he is on leave,unless he is required to do so under a contract of employment validly concluded with the latter.Division IIILeave granted on a collective basisArt. 139. Leave may be granted on a collective basis to all the employees working in anundertaking or in specified establishments or departments of an undertaking. d#235635 - v1
  19. 19. (1) Such leave may be taken in two annual periods, on condition that neither of them is less than ten calendar days in length. (2) For purposes of this article, the employer shall give at least 15 days notice to the local office of the Ministry of Labor of the dates on which the leave is to begin and end, indicating which establishments or departments are concerned. (3) The employer shall send a copy of the notice within the same time-limit to the trade unions representing the occupation concerned and shall arrange for a notice to be posted in his workplaces.Art. 140. An employee who has been hired less than 12 months previously shall be granted aproportionate period of leave at the appropriate time and shall thereafter begin a new qualifyingperiod.Art. 141. Where the number of employees affected by leave granted on a collective basis is over300, the undertaking may make the entries referred to in article 135 (1) by means of a stamp. (1) The stamp, which shall be of a pattern approved by the Ministry of Labor, need not include the reference to the qualifying period completed by each employee. (2) Where the procedure referred to in this article is adopted, the undertaking shall provide each employee with an initialed copy of the receipt referred to in the sole subsection of article 145. (3) On the termination of an employees contract of employment, the employer shall make an entry in his employment and social insurance book indicating the dates of the qualifying periods corresponding to leave granted to the employee on a collective basis.Division IVRate and Payment of Leave RemunerationArt. 142. While on leave an employee shall be entitled to the remuneration due him on the dateon which the leave is granted. (1) Where an employee is remunerated on an hourly basis and works a variable number of hours, the basis taken shall be the average for the qualifying period at the rate of remuneration which he earned on the date on which the leave was granted. (2) Where an employee is remunerated at piece rates, the basis taken shall be his average output for the qualifying period at the piece rate which he earned on the date on which the leave was granted. (3) Where an employee is remunerated on a percentage, commission or expense-account basis, the basis taken shall be the average earned by him over the 12 months preceding the date on which the leave was granted. (4) Any portion of an employees remuneration which is paid to him in the form of a share in profits shall calculated in accordance with the entries made in his employment and social insurance book. d#235635 - v1
  20. 20. (5) Any supplements for overtime, night work or work in unhealthy or dangerous conditions shall be included in the remuneration taken as a basis for calculating the leave remuneration. (6) Where an employee, when going on leave, is not receiving the same supplement as during his qualifying period or where the value of the supplement has not been uniform, it shall be calculated at the rate of one- twelfth of the rate received over the qualifying period, as revised in the light of any subsequent percentage wage adjustments.Art. 143. An employee may take one-third of his leave entitlement in the form of a cash paymentcalculated on the basis of the remuneration due to him for the days in question. (1) A request for payment in lieu of leave shall be made at least 15 days before the end of the qualifying period. (2) Where leave is granted on a collective basis, the conversion referred to in this article shall be the subject of a collective agreement between the employer and the trade union representing the occupation in question, which shall be independent of the individual requests for payment. "Art. 144. The payment in lieu of leave referred to in the preceding article and any similarpayment made in accordance with a stipulation in the employees contract of employment or inaccordance with the work rules or the collective agreement shall not form part of the employeesremuneration for the purposes of labor and social insurance law if it does not represent morethan 20 days pay.Art. 145. Leave remuneration and, where appropriate, the cash in lieu of leave referred toin article 143 shall be paid not less than two days before the beginning of the leave.Sole Subsection. An employee shall give a receipt for the payment, with an indication of thedates on which his leave begins and ends.Division VEffects of the Termination of Contracts of EmploymentArt. 146. On the termination of his contract of employment for any reason, an employee shall beentitled to the remuneration corresponding to the period of leave to which he had becomeentitled, which shall be payable at the single or double rate, as the case may be.Sole Subsection. In the event of the termination of his contract of employment after 12 monthsservice, an employee who has not been dismissed for just cause shall be entitled to theremuneration corresponding to any period of leave not taken, as provided in article 130, in theproportion of one-twelfth for every month of service or fraction of a month in excess of 14 days.Art. 147. An employee who is dismissed without just cause or whose contract of employmentexpires after a specified period shall be entitled, if he has not completed 12 months service, tothe remuneration corresponding to any period of leave not taken, in accordance with theprovisions of the preceding article.Art. 148. Leave remuneration, even where it becomes due after the termination of anemployees contract of employment, shall be deemed to be wages for the purposes of article449.Division VI d#235635 - v1
  21. 21. Beginning of the Period of LimitationArt. 149. The period of limitation within which an employee must claim the grant of leave or thepayment of the corresponding remuneration shall be calculated from the end of the periodreferred to in article 134 or from the date of termination of his contract of employment, as thecase may be.Division VIISpecial ProvisionsArt. 150. In case a shipowner decides to transfer a seaman to the service of another shipowner,the seaman shall be credited, for the purposes of his right to leave, with any period ofemployment in the service of the former shipowner, and the leave to which he is entitled shall begranted by the shipowner in whose service he is working when he goes on leave. (1) Where a vessel calls at a port for a long period, seamen who are resident there may be granted part of their leave in that port if they so request and the shipowner so agrees. (2) A vessel shall be deemed to call at a port for a long period if it remains there for more than six days. (3) To take leave in the manner provided for in this article, seamen must apply for it in writing to the shipowner in the vessels port of registration or home port, before the voyage begins. (4) On finishing his leave a seaman shall report to the shipowner, who shall assign him to one of his vessels or to one of his services ashore, due account being taken of his personal circumstances and remuneration. (5) In case of need dictated by the public interest and duly recognized by the competent authority, a shipowner may order a seaman to suspend leave already begun or due to begin, without prejudice to the seamans right to take the leave at some later time. (6) The maritime labor officer may give permission for a seaman to accumulate two periods of leave if a substantiated application to that effect is made by-- I. the trade union, if the seaman is a member of the union; II. the enterprise, if the seaman is not a member of a union.Art. 151. Pending the institution of a special employment book for seamen, leave shall beentered by the harbor-master in a seamans registration book, on the page reserved forcomments.Art. 152. While a seaman is on leave, his remuneration shall be increased by any supplementscorresponding to the part of the voyage in which he is currently engaged.Division VIIIPenalties d#235635 - v1
  22. 22. Art. 153. (Amended by Law No. 7855 of Oct. 24, 1989) Infringements of this Chapter shall bepunishable with a fine equal to 160 BTN per employee in an irregular situation.Sole Subsection. (Amended by Law No. 7855 of Oct. 24, 1989) Where the offender is guilty of arepetition of the infringement, obstructs or resists supervision or resorts to deceit ordissimulation with the object of circumventing the law, the fine shall be doubled.CHAPTER VOCCUPATIONAL SAFETY AND HEALTHDivision IGeneral ProvisionsArt. 154. Compliance with the provisions of this chapter in every workplace shall not exempt anenterprise from compliance with other provisions on the subject contained in the building codesor health regulations of the state or municipality in which the enterprise is located, or theprovisions deriving from collective labor agreements.Art. 155. It shall be the duty of the competent national occupational safety and health authorityto I. draw up rules, within the limits of its competence, for applying the provisions of this chapter, and especially those referred to in article 200; II. co-ordinate, guide and supervise inspection and other activities connected with occupational safety and health throughout the country, including the national employment accident prevention campaign; III. act as the authority of final instance in the event of an appeal by one of the parties or by an official service against a decision taken by a regional labor officer on a question of occupational safety and health.Art. 156. Within the limits of its jurisdiction a regional labor delegation shall more particularly -- I. promote supervision of compliance with the provisions governing occupational safety and health; II. take such measures as are necessary in pursuance of this chapter and order any work or repairs to be carried out that appear to be required in any workplace. III. impose appropriate penalties for any failure to comply with the provisions of this chapter, as provided in article 201.Art. 157. An enterprise shall be required to -- I. observe and enforce the provisions governing occupational safety and health; II. inform its employees, by means of internal instructions, of the precautions to be taken against employment accidents and occupational diseases; III. take such measures as are ordered by the competent regional authority; IV. facilitate supervision by the competent authority. d#235635 - v1
  23. 23. Art. 158. An employee shall be required to -- I. observe the rules governing occupational safety and health, including the instructions referred to in item II of the preceding article; II. co-operate with the enterprise in applying the provisions of this chapter.Sole Subsection. An employee shall be at fault if he refuses without a valid reason to -- (a) comply with the instructions issued by the employer under item II of the preceding article; (b) use the personal protective equipment provided by the enterprise.Art. 159. Duties relevant to the supervision or guidance of enterprises in their compliance withthe provisions of this chapter may be delegated to other federal, state or municipal authoritieson the basis of an agreement approved by the Minister of Labor.Division IIPrior Inspection; Supervision and Prohibition of WorkArt. 160. No establishment may be brought into operation until its installations have beeninspected and approved by the competent regional occupational safety and health authority. (1) A further inspection shall be carried out whenever any substantial change is made to such installations, including the equipment; the enterprise shall be required to give prompt notice of any such change to the regional labor delegation. (2) An enterprise may apply to the regional labor delegation for prior approval of its building projects and related installations,Art. 161. A regional labor officer, on receiving a technical report from the competent serviceshowing that there is serious and imminent danger for any worker, may prohibit the use of anestablishment, department, machine or piece of equipment or suspend the performance of workat the same time indicating in his decision, which shall be made as quickly as the circumstancesrequire, what measures have to be adopted to prevent an employment accident. (1) The federal, state and municipal authorities shall provide immediate support for any measures ordered by a regional labor officer. (2) A request for the prohibition or suspension of work may be made by the competent service of the regional labor delegation, by a labor inspection official or by a trade union authority. (3) The party concerned may appeal within ten days against the decision taken by the regional labor officer to the competent national occupational safety and health authority, which shall have power to decide if the appeal is to effect a stay of execution. (4) In addition to being liable to the appropriate penalties a person shall be guilty of insubordination if, after a decision has been taken to prohibit or suspend work, he orders or permits the operation of the establishment or any of its departments, the use of any machine or piece of equipment or the continuance of work, if prejudice is sustained by any third party as a result. d#235635 - v1
  24. 24. (5) Regardless of any appeal, a regional labor officer may cancel a prohibition after receiving a technical report from the competent service, (6) For such time as work is stopped as a result of a prohibition or suspension, the employees shall receive their wages as if they were actually employed.Division IIIOccupational Safety and Health Authorities in EnterprisesArt. 162. Enterprises shall be required, in accordance with provisions to be made by the Ministryof Labor, to maintain specialized occupational safety and health services.Sole Subsection. The provisions referred to in this article shall specify-- (a) how enterprises are to be classified according to the number of their employees and the nature of the risk involved in their activities; (b) the minimum number of specialized staff to be employed in each enterprise, depending on the group in which it has been classified, as provided in the preceding clause: (c) the skills required by the specialized staff in question, and their conditions of employment; (d) the other features and duties of the specialized occupational safety and health services maintained in enterprises.Art. 163. A work accident prevention committee shall be set up in accordance with instructionsissued by Ministry of Labor in every establishment or workplace covered by such instructions.Sole Subsection. Regulations shall be drawn up by the Ministry of Labor specifying the powers,duties, membership and operation of work accident prevention committees.Art. 164. Each work accident prevention committee shall consist of representatives of theenterprise and the employees, in accordance with criteria to be laid down in the regulationsreferred to in the sole subsection of the preceding article. (1) The representatives and their alternates of the employer shall be appointed by the employer himself. (2) The representatives and their alternates of the employees shall be elected at a secret ballot held exclusively among the employees concerned, without regard for their trade union membership. (3) The elected members of a work accident prevention committee shall hold office for one year and may be re-elected. (4) The provisions of the preceding subsection shall not apply to a deputy member who, during his term of office, has attended less than half the committee meetings. (5) The employer shall each year appoint the chairman of the work accident prevention committee d#235635 - v1
  25. 25. from among his representatives and the employees shall elect the vice- chairman from among their representatives.Art. 165. The employees representatives on a work accident prevention committee may not bearbitrarily dismissed, other than for disciplinary, technical, economic or financial reasons.Sole Subsection. Where an employees representative is dismissed but issues a complaint withthe labor courts, the employer shall be required to prove the existence of one of the groundsreferred to in this article and shall otherwise be ordered to reinstate the employee.Division IVPersonal Protective EquipmentArt. 166. Where general measures do not afford the employees complete protection againstpossible accidents or injuries to their health, the undertaking shall provide them free of chargewith personal protective equipment appropriate to the risk and in a fully satisfactory state ofmaintenance and operation.Art. 167. No item of protective equipment may be offered for sale or used unless it has beenapproved by the Ministry of Labor.Division VPreventive MedicineArt. 168. (Amended by Law No. 7855 of Oct. 24, 1989) It is obligatory that every employee shallbe medically examined at the employers expense, under the conditions established in thisarticle and in the complementary instructions to be issued by the Ministry of Labor: I. upon admission; II. upon dismissal; III. periodically. (1) (Amended by Law No. 7855 of Oct. 24, 1989) The Ministry of Labor shall issue instructions relative to the cases in which examinations shall be required: a) on the occasion of dismissal; b) supplementary. (2) (Amended by Law No. 7855 of Oct. 24, 1989) Other supplementary examinations may be required by the medical practitioner to ascertain whether the employee is physically and mentally fit for the job he is to do. (3) (Amended by Law No. 7855 of Oct. 24, 1989) The Ministry of Labor shall establish in accordance with the risk of the activity and the time of exposure, how often Medical examinations shall be repeated. d#235635 - v1
  26. 26. (4) (Amended by Law No. 7855 of Oct. 24, 1989) Every establishment shall be equipped with the necessary facilities to provide first aid, in accordance with the risk of the activity. (5) (Amended by Law No. 7855 of Oct. 24, 1989) The result of the medical exams, including supplementary examinations, shall be communicated to the worker, observing the precepts of medical ethics.Art. 169. Every occupational disease and every disease occasioned by the special conditions inwhich the work is done shall be reported on its diagnosis or suspected diagnosis, in accordancewith instructions issued by the Ministry of Labor.Division VIBuildingsArt. 170. Every building shall fulfill the technical requirements guaranteeing the absolute safetyof the persons employed in it.Art. 171. Every workplace shall be at least 3 metres high, measured in terms of the free spacefrom floor to ceiling.Sole Subsection. This minimum may be reduced if the standard of lighting and ventilation isadequate, having regard to the nature of the work, but the reduction shall be subject toinspection by the competent occupational safety and health authority.Art. 172. The floor of a workplace shall not have any protrusions or holes likely to impede themovement of persons or objects.Art. 173. Every opening in a floor or wall shall be so protected as to prevent persons or objectsfrom falling through it.Art. 174. Every wall, stairway, incline, walkway floor, corridor, roof and passageway in aworkplace shall comply with occupational safety and health criteria laid down by the Ministry ofLabor and shall be maintained in a fully satisfactory state of repair and cleanliness.Division VIILightingArt. 175. Every workplace shall have adequate natural or artificial lighting appropriate to thenature of the work performed. (1) Lighting shall be distributed in a uniform, general and diffused manner, so as to prevent dazzle, unpleasant reflections, shadows and excessive contrasts. (2) The Ministry of Labor shall lay down the minimum standards of lighting to be observed.Division VIIIVentilationArt. 176. Every workplace shall have natural ventilation appropriate to the work performed. d#235635 - v1
  27. 27. Sole Subsection. Artificial ventilation shall be compulsory if natural ventilation does not ensurean adequate temperature.Art. 177. Where the environmental conditions are uncomfortable on account of plant thatgenerates cold or heat, working clothes suitable to the conditions shall be worn or hoods,screens, double walls, heat insulation and similar devices shall be used to protect theemployees against the temperature conditions.Art. 178. The temperature conditions in a workplace shall be maintained within limits fixed bythe Ministry of Labor.Division IXElectrical InstallationsArt. 179. The Ministry of Labor shall prescribe the safety conditions and special precautions tobe observed in connection with electrical installations at all stages in the production,transmission, distribution and consumption of power.Art. 180. Only qualified staff shall install, operate, inspect or repair electrical installations.Art. 181. Persons working in electricity services or with electrical installations shall be familiarwith the methods used to give first aid to victims of electric shock.Division XTransport, Storage and Handling of MaterialsArt. 182. The Ministry of Labor shall issue rules for-- I. The safety precautions to be observed in transporting materials in workplaces, the equipment to be used for the purpose and the special conditions to be observed in the operation and handling of such equipment, including the conditions to be met by trained staff; II. Similar requirements to be observed in connection with the handling and storage of materials, including the safety and health conditions to be met by containers, store-rooms and personal protective equipment; III. The marking of the maximum permissible load on transport equipment, the notices to be displayed forbidding employees to smoke, the warnings to be given of the dangerous or unhealthy nature of the substances that are being transported or stored, the recommendations to be made for first aid and medical attention and the internationally recognized danger symbols to be marked on materials or substances that are being stored or transported.Sole Subsection. The provisions on the transport of materials shall also apply, where relevant,to the transport of persons in a workplace.Art. 183. Persons employed in transporting materials shall be acquainted with the rationalmethods of lifting loads.Division XIMachinery and Equipment d#235635 - v1
  28. 28. Art. 184. Machinery and equipment shall be fitted with controls for starting and stopping andsuch other devices as are necessary to prevent employment accidents, especially those causedby the machinery or equipment being set in motion accidentally.Sole Subsection. It shall not be lawful to manufacture, import, sell, hire or use any machinery orequipment not complying with the provisions of this article.Art. 185. A machine shall not be repaired, cleaned or adjusted while it is in motion, unless it hasto be working for the purposes of the operation.Art. 186. The Ministry of Labor shall issue further rules for the precautions and safety measuresto be taken in connection with the operation of machinery and equipment, and especially inconnection with the protection of moving parts, the distance to be left between them, the meansof access to large-scale machinery and equipment, the use of tools and the precautions andprotective measures necessary when such tools are power-driven or electrically operated.Division XIIBoilers, Furnaces and Pressure VesselsArt. 187. Boilers, equipment and vessels generally that are operated under pressure shall befitted with valves and other safety devices to avoid any rise in the internal working pressure thatis beyond their level of resistance.Sole Subsection. The Ministry of Labor shall issue further rules for the safety of boilers, furnacesand pressure vessels, especially in connection with their linings and location, the ventilation ofpremises and other means of eliminating unhealthy gas or vapor, and any other installations orequipment required for the safe performance of the work done by each employee.Art. 188. Every boiler shall be periodically inspected by an engineer or special enterpriseregistered with the Ministry of Labor, in accordance with instructions issued for the purpose. (1) Every boiler shall be accompanied by a manual including the manufacturers original documentation and giving at least the following particulars: the technical specifications, drawings and details, the examinations and tests carried out during its manufacture and assembly, the operating characteristics and the maximum permissible working pressure, this latter detail being shown in a visible place on the boiler itself. (2) The owner of every boiler shall institute, maintain and produce on request from the competent authority a safety register systematically recording the details of any tests, inspections, repairs and other occurrences. (3) Plans for the installation of boilers, furnaces and pressure vessels shall be submitted for prior approval to the competent regional occupational safety authority.Division XIIIUnhealthy and Dangerous ActivitiesArt. 189. An activity or operation shall be deemed to be unhealthy if, by reason of its nature, theconditions in which it is carried on or the working methods used, it exposes the employeesconcerned to unhealthy agents beyond the limits of tolerance fixed in the light of the nature andintensity of the agents themselves and the period of exposure to their effects. d#235635 - v1
  29. 29. Art. 190. The Ministry of Labor shall approve a schedule of unhealthy activities and operationsand shall make rules for the criteria to be adopted in classifying the degrees of health risk, thelimits of tolerance for the various harmful agents, the means of protection against them and themaximum period of exposure to their effects.Sole Subsection. The rules referred to in this article shall cover the means of protecting anemployees body during operations giving rise to toxic, irritant, allergy-producing or obnoxiousaerosols.Art. 191. Health risks shall be eliminated or offset by-- I. the adoption of measures maintaining the working environment within the limits of tolerance; II. the use of personal protective equipment reducing the effects of harmful agents to within the limits of toleranceSole Subsection. Where a regional labor delegation finds evidence of a health risk, it shall notifythe enterprise concerned and fix a time limit for the risk to be eliminated or offset, as provided inthis article.Art. 192. Where an employee is required to work in unhealthy conditions beyond the limits oftolerance laid down by the Ministry of Labor, he shall receive a supplement equal to 40, 20 or 10per cent of the regional minimum wage, depending on whether the situation has been classifiedin the maximum, intermediate or minimum degree of risk.Art. 193. An activity or operation shall be deemed to be dangerous, as provided in regulationsmade by the Ministry of Labor, if, by reason of its nature or the working methods used, itinvolves permanent contact with inflammable or explosive substances with a high degree of risk. (1) An employee working in dangerous conditions shall be entitled to a wage supplement of 30 per cent calculated on the basis of his wage net of any bonuses, premiums or shares in profits. (2) An employee shall be entitled to opt for any supplement that may be due to him in respect of unhealthy conditions.Art. 194. An employee shall cease to be entitled to a supplement in respect of unhealthy ordangerous conditions if the health or safety risk is eliminated, as provided in this Division andthe rules made by the Ministry of Labor.Art. 195. Conditions shall be declared to be unhealthy or dangerous, and classified as such, inaccordance with rules made by the Ministry of Labor and on the basis of an expert examinationmade by an occupational physician or engineer registered with the Ministry of Labor. (1) Enterprises and the appropriate trade unions for the occupational categories concerned shall be entitled to request the Ministry of Labor to carry out an expert examination in the relevant establishments or departments for the purpose of declaring certain activities to be unhealthy or dangerous and of classifying or limiting them as such. (2) Where an employee, or a trade union acting on behalf of a group of employees, alleges before a court of law that conditions are unhealthy or dangerous, the judge shall appoint an expert having the qualifications specified in this article or, where no such expert is available, shall request the competent authority of the Ministry of Labor to carry out an expert examination. d#235635 - v1
  30. 30. (3) The provisions of the preceding subsections shall be without prejudice to the supervisory functions of the Ministry of Labor or to the conduct of an expert examination ex officio.Art. 196. (Amended by Law No. 6514 of Dec. 22, 1977) The financial implications of work donein unhealthy or dangerous conditions shall take effect from the date on which the activityconcerned is included in the schedules approved by the Ministry of Labor in accordancewith article 11.Art. 197. Where any material or substance used, handled or transported in a workplace isdangerous or unhealthy, it shall be marked with a label indicating its composition, givingrecommendations for first aid and showing the corresponding internationally recognized dangersymbol.Sole Subsection. Any establishment carrying on an activity covered by this article shall displaynotices or posters in the workplaces concerned, warning the employees of any dangerous orunhealthy materials or substances.Division XIVPrevention of FatigueArt. 198. The maximum weight that an employee may move by his own efforts shall be 60 Kg.,without prejudice to the special provisions governing the work of young persons and women.Sole Subsection. The prohibition contained in this article shall not apply to objects moved bypushing or pulling trucks on rails, handcarts or other mechanical equipment: Provided that theMinistry of Labor may in such cases fix other limits preventing an employee from being requiredto do work beyond his strength.Art. 199. Where employees have to do their work sitting down, they shall be provided with seatsenabling them to adopt the correct posture and avoid uncomfortable or awkward positions.Sole Subsection. Where employees have to do their work standing up, they shall have seatsavailable for use during such breaks as can be granted in the course of the work.Division XVOther Special Protective MeasuresArt. 200. The Ministry of Labor shall make further provisions supplementing the provisions ofthis chapter, with due regard for the specific features of each activity or type of work; suchprovisions shall more particularly relate to-- I. the measures to be taken to prevent accidents and the personal protective equipment to be provided in construction, demolition and repair work; II. the storage and handling of fuel and of inflammable and explosive substances, and the movement and presence of workers in the areas concerned; III. work in excavations, tunnels, galleries, mines and quarries, with particular reference to the prevention of explosions, fire, the collapsing of earth and rock, the elimination of dust, gas, etc., and facilities for the rapid evacuation of the employees; d#235635 - v1
  31. 31. IV. fire protection in general and the appropriate preventive measures, including the special lining of doors and walls, the construction of fireproof walls, ditches and other safeguards and the general provision of facilities for easy movement, such as wide, safe and adequately marked entrances and exits; V. protection against the effects of the sun, heat, cold, damp and draught, particularly in the case of work in the open air, including the provisions in this latter case of drinking water, shelters and facilities for the prevention of disease; VI. the protection of employees who are exposed to harmful chemical substances, ionizing and other radiation, noise, vibration and abnormal jolting or pressure at the workplace; an indication shall be given of suitable means of eliminating or reducing these effects, the maximum periods of exposure to them and the maximum limits for their action or effects on the human body, compulsory medical examinations, age limits, the permanent supervision of workplaces and such other requirements as may be necessary; VII. hygiene at workplaces, including the standards to be observed, the sanitary installations to be provided for both sexes, showers, washbasins, dressing rooms and individual lockers, mess rooms or other facilities for taking meals, drinking water, the cleanliness of workplaces and the arrangements for achieving it, and the treatment of industrial waste; VIII. the use of colors in workplaces, including their application to danger signals.Sole Subsection. In the case of ionizing radiation and explosives, the provisions referred to inthis article shall be made in accordance with resolutions on the subject adopted by thecompetent technical authority.Division XVIPenaltiesArt. 201. (Amended by Law No. 6986 of Apr. 13, 1982) Any person committing a violation of theprovisions of this chapter relating to occupational health shall be liable to a fine of between 30and 300 times the reference amount provided for in the sole subsection to article 2 of Act No.6205 of April 29, 1975 and any person violating the provisions relating to occupational safetyshall be liable to a fine of between 50 and 500 times that amount.Sole Subsection. (Amended by Law No. 6514 of Dec. 22, 1977) If a person is guilty of arepetition of the offense, impedes or resists supervision or resorts to deceit or false pretensewith the object of evading the law, the fine shall be at the maximum rate.Art. 202-223. Repealed by Act No. 6514 of Dec. 22, 1977.TITLE IIISPECIAL RULES FOR THE PROTECTION OF LABORCHAPTER ISPECIAL PROVISIONS RESPECTING HOURS OF WORK AND CONDITIONS OFEMPLOYMENTDivision I d#235635 - v1
  32. 32. Bank EmployeesArt. 224. (Amended by Law No. 7430 of Dec. 17, 1985) The normal hours of work of employeesin banks, banking establishments and the Federal Economic Fund (Caixa Economica Federal)shall be six continuous hours each working day, excepting Saturday, arriving at a total of 30working hours a week. (1) (Amended by DL No. 229 of Feb. 28, 1967) The normal hours of work established in this article shall be between 7 and 22 o’clock, the employee being assured an interval of 15 minutes for eating, within the daily hours. (2) (Amended by DL No. 754 of Aug. 11, 1969) The provisions of this article shall not be applied to those who carry out duties of direction, management, audit, leadership and equivalent duties, or who perform other duties of confidence, provided that the amount of the bonus is not less than one-third of the effective salary.Art. 225. The normal hours of work of bank employees may be increased to eight hours a dayby way of exception, but shall not exceed 40 hours a week, subject to compliance with thegeneral regulations respecting hours of work.Art. 226. (Amended by Law No. 3488 of Dec. 12, 1958) The special system of 6 hours of workshall also apply to persons employed in messenger and cleaning services, such as porters,telephone operators, messengers and office boys, employed in banks and bankingestablishments.Sole Paragraph. (Amended by Law No. 3488 of Dec. 12, 1958) The board of directors of eachbank shall organize the service scale of the establishment in such a manner as to have personsemployed in messenger duties working one-half hour before and up to one-half hour afterclosing, respecting the limit of 6 hours a day.Division IIEmployees in the Telephone, Submarine and Subfluvial Cable, Wireless Telegraph andWireless Telephone ServicesArt. 227. The hours of work of employees in undertakings operating telephone, submarine orsubfluvial cable, wireless telegraph and wireless telephone services shall not exceed six hoursin the day or 36 hours in the week. (1) If, in case of urgent necessity, the employees are required to remain on duty beyond the normal hours fixed in this article, the undertaking shall pay them for such overtime at the ordinary rate of pay increased by 50%. (2) Work on Sundays, public holidays and patron saints days shall be deemed to be overtime, and the performance thereof and the remuneration therefor shall be governed by a collective contract of employment concluded between the employers and employees in agreement with their respective industrial associations.Art. 228. Operators shall not work without a break either in the case of manual transmission orin the case of visual or sound reception, whether the message is written by hand or typewritten,if the speed exceeds 25 words a minute.Art. 229. In the case of employees who are employed with a variable timetable, the hours ofwork shall not exceed seven hours in the day with a rest period of 17 hours; a break of 20minutes shall be included in the hours of work of every employee who is employed withoutinterruption for more than three hours. d#235635 - v1

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