Coronavirus (COVID-19) Employer Preparedness

Even though the coronavirus (COVID-19) has not yet had as much of an impact in Brazil as it has in other countries, large multinational companies with subsidiaries in Brazil have been taking some proactive measures to help prevent the spread of the disease. Employers have, for example, been suggesting that workers participate in international meetings via videoconference instead of in-person meetings. If the number of coronavirus cases in Brazil grows, however, employers may have to strengthen their prevention measures.

One action employers with operations in Brazil can take is to offer employees the ability to work temporarily from their homes until the situation settles, but there are some potential hurdles with this approach to keep in mind.

The Brazilian Labor Code establishes that the alteration of the place of work from on-site to remote must be done through a written mutual agreement between the company and its employee. In addition, the agreement must be clear on who will be responsible for the acquisition and maintenance of work equipment and infrastructure (suitable for rendering services remotely), as well as which party will bear the costs.

As this situation may become a matter of public interest due to the health risks involved, and given the lack of time to engage in all the administrative changes needed to offer the work-from-home option under Brazil's legal system, companies should considering obtaining employees' approval beforehand. This can be done by e-mail or text message, and should stipulate the employee's agreement to the temporary home-office system for the necessary time period, and under which conditions.

Even though the Brazilian labor law does not require companies to bear the home-office costs, and establishes only that whatever conditions the parties agree to must be in writing, it is recommended that if the company plans to implement a mandatory home-office work arrangement due to a risk of coronavirus contamination, the company grant employees, at minimum, an internet modem (or pays...