Ministry of Economy publishes regulation on deadlines and payments of the Emergency Benefit
Regulation No. 6,100 of the Special Secretariat of Social Security and Labor, an agency of the Ministry of Economy, was published on May 27, 2021 (“Regulation 6.100”) establishing all procedures for the payment of the Emergency Benefit for the Maintenance of Employment and Income (BEm), provided in PPD 1,045, of April 27, 2021, with duration of one hundred and twenty days.
BEm is a personal and non-transferable right, paid to employees with reduced working hours or suspended employment agreement, regardless of the fulfillment of any vesting period, length of employment and number of wages received.
According to Regulation No. 6,100, these following employees are not entitled to the benefit:
• The ones who also have a public position or job, a position on a commission that is free of appointment and exoneration or that holds an elective mandate;
• The ones hired after PPD 1,045 whose information was sent to E-Social until April 29, 2021;
• The ones receiving continuous benefit with Social Security, with the exception of pension benefits due to death or accident assistance;
• The ones receiving unemployment insurance or a professional qualification grant.
BEm will not be due to employees not subject to working hours control and that receive variable remuneration, if they maintain the same level of productivity verified during the provision of services in the period prior to the proportional reduction of working hours and salary for.
Also, among the rules set, the following stand out:
• The employer must inform about the agreement to reduce work hours or suspend the employment agreement, exclusively by electronic means, at https://servicos.mte.gov.br/bem.
• The employer will be responsible for passing on the correct information and meeting the deadlines for requesting the benefit.
• In the event BEm is not granted or the request is shelved for non-compliance with the requirements for regularization of information, the employer shall pay the employee the remuneration in the amount prior to the proportional reduction of the working day and salary, or in the amount prior to the temporary suspension of the employment agreement, with due tax and social security implications.
• Agreements between employer and employee, prior to May 27, 2021, when Regulation 6.100 entered into force, must be adapted to the rules of the measure, within 10 (ten) days.
The Regulation also foresees the required proceedings to grant and calculate the benefit and cases of termination and return of the paid amount. For further details, the text of Regulation 6.100 is available on https://www.in.gov.br/en/web/dou/-/portaria-seprt/me-n-6.100-de-27-de-maio-de-2021-322659289