What are the labor rights in cases of catastrophes?

Since the end of April, the population of Rio Grande do Sul has suffered from effects of intense rains in the region. The storms that hit more than 400 municipalities destroyed homes, roads and landscapes. According to information from Civil Defense, released on Tuesday, the 7th, around 1.4 million people were affected by the disaster. Of these, 48,799 are in shelters, 159,036 are homeless, and 372 are injured.

Unfortunately, for many victims of tragedies like these, the main thought, besides surviving, is linked to tomorrow: “How will I work?”, “How will I earn a living?” In cases like these, what are the worker’s rights?

In an interview with Earththe Labor judge and vice-president of the National Association of Labor Justice Magistrates (Anamatra), Valter Pugliesi, clarifies that, in labor legislation, there is reference to situations like these, classified as “inevitable events”, which allow for flexibility of the working day.

“In the Consolidation of Labor Laws (CLT), we have reference to the situation of force majeure, considered to be ‘any inevitable event, in relation to the will of the employer, and for the realization of which the employer did not contribute, directly or indirectly'”, explains. “The force majeure situation allows for flexible working hours, as well as a reduction in employees’ salaries and, in the event of the company’s dissolution, compensation for workers due to the termination of employment contracts.”

In relation to Rio Grande do Sul, the judge points out that the National Congress formally recognized the state of calamity, which provides for the application of Law No. 14,437, of August 15, 2022, which lists which measures may be adopted by employees and employers to face the consequences of the state of public calamity.

“Among the measures we can mention teleworking, the anticipation of individual vacations or the granting of collective vacations, and even the suspension of the requirement to pay FGTS. This law was enacted by the National Congress due to the serious consequences of the pandemic (covid-19) and aims to preserve jobs and the sustainability of the labor market”, points out Pugliesi.

Satellite images show before and after historic flooding in Rio Grande do Sul:

Lawyer Wagner Luiz Ribeiro da Costa, specialist in Labor Law and Process, also mentions that there is the FGTS Calamity Withdrawal.

“There is also, in cases of public calamity such as that in Rio Grande do Sul, the FGTS Calamity Withdrawal, which consists of the possibility for the worker to withdraw the balance from the FGTS account due to a personal, urgent and serious need arising from a natural disaster that has struck. your area of ​​residence. The withdrawal is limited to the amount of R$6,220 (six thousand, two hundred and twenty reais) for each event characterized as a natural disaster and depends on whether the emergency situation or state of public calamity has been decreed at the district, state or municipal level and , be recognized as such, through a decree issued by the Minister of National Integration”, explains Costa to the Earth.

However, Costa highlights that there is no legal provision that obliges the company to provide any assistance. “There is no legal provision that obliges the company to provide any aid or assistance in situations of public calamity. The measures to be adopted are those provided for in Law No. 14,437/2022”, he says.

Humanity in difficult times

People Management specialist Daniele Malafronte explains that, at this moment, companies must consider, above all, the humanity. “Companies are made of people, and understanding their emotions is basic. In situations of loss, we go through the grief curve, so it is important to know the stages and know how to deal with each one of them, in order to help the person. Welcoming, empathy and respect are the pillars for these moments”, highlights the specialist.

“In situations of public calamity, such as the tragedy that occurred in Rio Grande do Sul, it is necessary, first of all, to use common sense to face the serious consequences. Commuting is hampered, business is paralyzed, and employers and employees must come together to seek solutions that allow the continuation of projects and the continuity of employment contracts”, comments Valter Pugliesi.