Employment Contract with Telework (Remote Work) Clauses Under Brazilian Labor Law
Drafts an employment contract or contract amendment for remote work arrangements, compliant with Brazil's Labor Reform and Law 14.442/2022.
Formalize remote work arrangements with clear rules on hours, equipment, expense reimbursement, and ergonomics, protecting both employer and employee.
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Prompt objective
Formalize remote work arrangements with clear rules on hours, equipment, expense reimbursement, and ergonomics, protecting both employer and employee.
Real use case
DataSmart Analytics, a business intelligence company in Porto Alegre with 60 employees, transitioned to a hybrid model (3 days remote, 2 in-office) and needs to formalize the arrangement for all staff after the Labor Ministry fined a competitor for missing contract amendments.
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Prompt
Draft an employment contract (or contract amendment) for remote/hybrid work at [COMPANY NAME], in the [INDUSTRY SECTOR] sector.\\\\\\\\n\\\\\\\\n**Work Model:**\\\\\\\\n- Regime: [100% REMOTE / HYBRID: X DAYS IN-OFFICE + Y REMOTE]\\\\\\\\n- Position: [JOB TITLE]\\\\\\\\n- Work hours: [SCHEDULE] | Time tracking: [YES/NO]\\\\\\\\n- Remote work location: [EMPLOYEE'S HOME / COWORKING SPACE / FLEXIBLE]\\\\\\\\n\\\\\\\\n**Required Clauses (Law 14.442/2022 and CLT, Articles 75-A to 75-F):**\\\\\\\\n\\\\\\\\n1) **Regime Definition**:\\\\\\\\n - Task-based vs. time-based remote work (Article 75-B, §2)\\\\\\\\n - Distinction between telework and field work\\\\\\\\n - Possibility of in-person attendance without losing remote status\\\\\\\\n\\\\\\\\n2) **Infrastructure and Equipment**:\\\\\\\\n - Equipment provided by company (laptop, monitor, headset)\\\\\\\\n - Equipment responsibility agreement\\\\\\\\n - Expense reimbursement: internet (R$[AMOUNT]/month), electricity (R$[AMOUNT]/month)\\\\\\\\n - Indemnity nature of reimbursements (excluded from salary—Article 75-D)\\\\\\\\n\\\\\\\\n3) **Work Hours**:\\\\\\\\n - Time tracking method: [ELECTRONIC TIMECLOCK / PRODUCTIVITY METRICS / TASK-BASED]\\\\\\\\n - Right to disconnect: prohibition of after-hours communications\\\\\\\\n - Overtime: rules and limits\\\\\\\\n - Mandatory breaks\\\\\\\\n\\\\\\\\n4) **Health and Safety (Ergonomics)**:\\\\\\\\n - Employee responsibility agreement (Article 75-E)\\\\\\\\n - Ergonomic guidelines (NR-17)\\\\\\\\n - Home office workstation checklist\\\\\\\\n - Ergonomic allowance: R$[AMOUNT] (one-time or annual)\\\\\\\\n\\\\\\\\n5) **Data Protection and Information Security**:\\\\\\\\n - Mandatory VPN use\\\\\\\\n - Prohibition of public Wi-Fi usage\\\\\\\\n - Clean desk and clear screen policy\\\\\\\\n - LGPD (Brazilian Data Protection Law): responsibilities for data handling in home environment\\\\\\\\n\\\\\\\\n6) **Reversibility**:\\\\\\\\n - Employer's right to revert to in-person work (Article 75-C, §2)\\\\\\\\n - Transition period: [NUMBER] days\\\\\\\\n - Grounds for unilateral reversion\\\\\\\\n\\\\\\\\n7) **Legal Priority**:\\\\\\\\n - Priority for employees with disabilities and those with children under 6 years (Article 75-F)\\\\\\\\n\\\\\\\\n8) **Specific Provisions for Interns and Apprentices** (if applicable)\\\\\\\\n\\\\\\\\nInclude as appendices:\\\\\\\\n- Home office ergonomics checklist\\\\\\\\n- Equipment responsibility agreement\\\\\\\\n- Digital disconnection policy
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