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It is well-known that certain market sectors impose additional barriers when hiring women. This is often due to concerns that, during pregnancy, employees may need to take time off for childbirth, utilizing maternity leave. Complications during pregnancy can also arise, potentially weakening the workforce and prompting companies to hire temporary workers to cover the absence.
In response to this reality, the "Emprega + Mulheres" ("Hiring + Women") Program was established by Law #14,457 on September 21, 2022, aiming to support the entry and retention of women in the workforce through the following initiatives:
Measures Implemented by the "Emprega + Mulheres" Program
1. Support for parenting (including maternal, paternal, or any other social-affective bond that leads to the legal responsibility for parental activities shared among those responsible for the care and education of children and adolescents) in early childhood: (i) payment of daycare reimbursement, and (ii) maintenance or subsidy of early childhood education institutions by autonomous social services.
2. Support for parenthood through flexible working arrangements: (i) remote work, (ii) part-time work, (iii) special work hours compensation scheme through a time bank, (iv) 12-hour workday followed by 36 uninterrupted hours of rest, when applicable, (v) anticipation of individual holidays, and (vi) flexible start and end times.
3. Qualification of women in strategic areas for professional advancement: (i) suspension of the employment contract for professional qualification purposes, and (ii) encouragement of women to enroll in courses provided by national apprenticeship services, with prioritization given to disadvantaged women, including victims of domestic and family violence.
4. Support for women returning to work after maternity leave: (i) suspension of the employment contract for employed parents to monitor their child's development, and (ii) flexibility in extending maternity leave for an additional 60 (sixty) days, as provided by Law #11,770 of September 9, 2008.
5. Recognition of good practices in promoting women's employability through the establishment of the "Emprega + Mulher" Seal.
6. Prevention and combating of sexual harassment and other forms of violence in the workplace.
7. Promotion of microcredit for women.
An interesting innovation in the Citizen Company Program allows for the extension of maternity leave by an additional 60 days, at the discretion of the participating company. According to the new rule, this additional maternity leave can now be replaced by a 50% reduction in working hours for a period of 120 days.
Daycare Reimbursement
Employers with more than 30 employees over the age of 16 are required to provide a designated space for employees to care for their children during the breastfeeding period. However, many employers prefer to reimburse the costs of an external daycare center, as installing an on-site daycare is often logistically or financially unfeasible. Regarding this payment, known as daycare reimbursement, employers may offer the benefit under the following conditions:
1. The benefit is intended to pay for daycare or preschool of the employee's discretion, as well as reimbursement of expenses similar services of the same nature, provided that the expenses are documented.
2. The benefit is available to employees with children up to 5 years and 11 months old, without affecting other maternity protection rights.
3. Employers must inform employees about the benefit and the procedures for using it.
4. The benefit must be provided in a non-discriminatory manner and should not be considered a reward.
On the other hand, it is important to note that Law #14,457/2022, supported by Brazilian Department of Labourt's Ordinance #671/2022, emphasizes that daycare reimbursement must be provided to all employees, regardless of the number of women in the establishment. Specifically, even if the number of employees over the age of 16 is fewer than 30, the benefit must still be granted if stipulated by a collective or by an individual agreement.
Another crucial aspect highlighted by the law is that daycare reimbursement is not considered part of the employee's salary. In other words, it does not count toward remuneration for any purpose, does not form the basis for social security contributions or the Guarantee Fund for Length of Service (FGTS), and is not subject to income tax.
Flexibility of the Work Arrangements
Regarding measures to increase flexibility in work arrangements, the law that regulates the Emprega + Mulheres program provides that, with a collective or individual agreement specifying the benefit, the following measures may be implemented:
Finally, the lawmaker's decision to limit the part-time arrangement, special working hours compensation through a time bank, a 12-hour workday followed by 36 uninterrupted hours of rest, and the anticipation of individual vacations to a period of only two years after the birth, adoption, or legal custody of a child or stepchild—whether with or without a disability—raises some questions.
Women's Qualification
An employee may request her employer to suspend her employment contract to participate in a course or professional qualification program offered by the employer. This suspension must be formalized through an individual agreement, collective convention, or collective agreement. During the suspension of her employment contract, the employee will be entitled to a professional qualification grant, upon the employer's submission of relevant data to the Ministry of Labor, and the employer may also provide the employee with monthly compensatory assistance, which is not considered part of her salary.
If the employee is dismissed during the suspension period or within 6 months of her return to work, the employer will be required to pay, in addition to the legally mandated compensation, a fine specified in the convention or collective agreement. The fine must be at least 100% of the employee's last monthly salary before the suspension of the employment contract.
Support for Returning to Work After Maternity Leave
An employee whose partner has completed her maternity leave may request the suspension of their employment contract to care for the child, establish bonds, monitor the child's development, and support the partner's return to work. Likewise, this suspension must be formalized through an individual agreement, collective convention, or collective agreement, and should take place after the completion of the partner's maternity leave.
It appears that the lawmaker mistakenly included references to qualification courses and corresponding grants in paragraphs three to six. However, the actual intent is allowing employees to exercise parenthood responsibilities by caring for a child after the mother's maternity leave has ended.
Rules for Formalizing Individual Agreements
The law provides that individual agreements may only be made in companies or for worker categories where no collective agreement or collective labor convention has been signed. If a collective agreement or labor convention exists, any individual agreement must provide terms that are more favorable to the employee than those outlined in the current collective instrument.
It is the employer's responsibility not only to guide employees on the procedures for signing an individual agreement to suspend the employment contract but also to promote regular awareness-raising initiatives on responsible and equal parenting. These initiatives aim to encourage employees to adopt such measures and to widely publicize the possibility of supporting their wives or partners in returning to work after the maternity leave period ends.
Measures to Prevent and Combat Sexual Harassment and Other Forms of Violence
Companies with an Internal Committee for Prevention of Accidents and Harassment (CIPA) must implement the following measures, along with any others they deem necessary, to prevent and combat sexual harassment and other forms of workplace violence:
1. Inclusion of rules of conduct regarding sexual harassment and other forms of violence in the company's internal policies, with widespread dissemination of these rules to all employees.
2. Establishment of procedures for receiving and addressing complaints, including investigating the facts and, where applicable, applying administrative sanctions to those directly or indirectly responsible for acts of sexual harassment or violence, ensuring anonymity of complainants and without prejudice to any applicable legal procedures.
3. Incorporation of topics related to the prevention and combat of sexual harassment and other forms of violence into the Committee's activities and practices.
4. Conducting training, guidance, and awareness-raising actions at least every 12 months for employees at all hierarchical levels of the company covering topics related to violence, harassment, equality, and diversity in the workplace, using accessible and appropriate formats that ensure the maximum effectiveness of these initiatives.
"Emprega + Mulher" Seal
The program also introduces the Emprega + Mulher Seal, which recognizes companies that excel in organizing, maintaining, and providing daycare centers and preschools to support the needs of their employees. Furthermore, it acknowledges employers who demonstrate exemplary practices aimed at:
1. Encouraging the hiring, leadership opportunities, and professional advancement of women, particularly in fields with low female representation, such as science, technology, development, and innovation;
2. Promoting the equal division of parental responsibilities;
3. Fostering a culture of gender equality;
4. Offering flexible work arrangements;
5. Granting leave to both women and men that enables them to care for and bond with their children;
6. Providing effective support to female employees and service providers at their establishments in cases of harassment, physical or psychological violence, or any violation of their workplace rights; and
7. Implementing programs to hire unemployed women who are victims of domestic and family violence (as defined by the Maria da Penha Act, a Brazilian law that targets gender-based violence) and providing a supportive and protective environment for employees in such situations.
Companies that qualify for the "Emprega + Mulher" Seal must submit annual reports, and micro and small businesses that receive this seal will benefit from additional credit incentives.
Stimulating Microcredit for Women
Under the Digital Microcredit Simplification Program for Entrepreneurs (SIM Digital) special conditions will be applied exclusively for beneficiaries who are (i) women engaged in productive or service activities, whether urban or rural, individually or collectively, as natural persons, or (ii) women, as natural persons or individual microentrepreneurs, within the scope of the National Oriented Productive Microcredit Program (PNMPO).
The first line of credit available to individual beneficiaries will have a maximum limit of 2,000.00 (Brazilian reais), while for individual microentrepreneurs, the limit will be 5,000.00 (Brazilian reais). The total of all contracts, both active and inactive, carried out under SIM Digital will be considered, with the maximum interest rate capped at 85% of the highest rate permitted by the National Monetary Council for microcredit operations. The repayment period will be up to 30 months.
Additionally, if a contracting company has been recognized by the federal Executive Branch with the "Emprega + Mulher" Seal, the loan limit may be up to 50% of the company's annual gross revenue, calculated based on the previous fiscal year. Additionally, if a contracting company has been recognized by the federal Executive Branch with the "Emprega + Mulher" Seal, the loan limit may be up to 50% of the company's annual gross revenue, calculated based on the previous fiscal year; moreover, the repayment term will be extended to 60 months.
