After editing Provisional Measure, occurrence in commute will not be characterized as a work accident in INSS : After editing Provisional Measure, occurrence in commute will not be characterized as work accident in INSS.
After editing Provisional Measure, occurrence in commute will not be characterized as a work accident in INSS
Accidents that occur on round trips between the home and the place where the professional acts are no longer considered work accidents. The change was established by Provisional Measure (MP) 905/2019, which created the Green-Yellow Employment – package to stimulate job creation for young people from 18 (eighteen) to 29 (twenty-nine) years.
And it has already led the INSS – Instituto National Social Insurance to disclose an internal letter to medical experts with guidelines for granting sickness aid in such cases:
- Benefits will now be Social Security, and
- no more accidental.
Disability retirement aims to replace the insured’s compensation that is totally and permanently disabled for the activity that guarantees his / her survival. Disability is conceptualized as total, permanent and multi-occupational disability which cannot be treated and rehabilitated.
In addition, Disability Retirement from these occurrences will be drastically reduced.
– This interim measure was a setback. The worker ends up suffering injury and being unprotected in the event of an accident on his way – evaluated Adriane Bramante, president of the Brazilian Institute of Social Security Law IBDP.
According to the Ministry of Economy, the text does not change the worker social security coverage. In the event of an accident requiring requiring leave , the company will continue to cover the first 15 days. After that, the payment will be the INSS – National Institute of Social Security.
Experts warn, however, that during the period of leave the employer will no longer be required to deposit the Employee FGTS .
In addition, upon discharge and return to work, the employee will lose the 12-month stability that would be had his or her sick pay been accidental (caused at work or on the commute).
What is FGTS? What is and how does FGTS work?
What it is: The FGTS is a savings opened by the company on behalf of the worker that acts as a guarantee to protect you in the event of unjustified dismissal. The FGTS account yields interest and monetary restatement, and at the end of a one-year period, the sum of deposits equals more than one gross monthly salary.
With the change in interpretation, disability pensions resulting from these accidents will fall by 40% (forty).
This is because the 2019 Pension Reform or Bolsonaro Government Pension Reform only guaranteed full retirement in the case of retirement disability caused by work accident.
Otherwise, the benefit amount is 60% (sixty) of the average salary in the first 20 (twenty) years of contribution, plus 02% (two) of the average for each extra year of payment.
– Prior to the pension reform, there was no differentiation of payments to disability retirees in cases of occupational accident or not. She put that, and now the provisional measure closes the cycle of commuting accident understanding. The injured worker thus gets a minor benefit. In addition, the pension for a death paid to a dependent also falls, ”explained Adriane Bramante of the IBDP.
Adriane Bramante of Castro Ladenthin
Professor Adriane Bramante de Castro Ladenthin , Daughter of Sueli Bramante and current President of Brazilian Institute of Social Security – IBDP , and founding partner of Adriane Bramante Advogados Associados, graduated from the São Bernardo do Campo Law School and dedicates her time in advocate, write, teach and study, as your brief curriculum shows
What is the minimum age to retire today?
In order to be entitled to retirement by age, the applicant must prove a minimum period of contributions to Social Security, in addition to age, which is 65 years for men and 60 for women. The minimum contribution time ranges from 138 months (11 years and six months) to 180 months (15 years).