Rulling no. 10.486 / 2020 issued by the Ministry of Economy – Regularization of the procedures for the payment of the Emergency Allowance (“BEM”)

On April 24, was published the Rulling 10.486/2020 issued by the Ministry of Economy regulating the procedures for the payment of the  Emergency Allowance (‘BEM”) provided in the Executive Order 936/20, to be in force during the current and exception crises period.

The Rulling provides for procedural guidelines that were not specified in the Executive Order 936, as well as indicated criteria for submission and validity, especially regarding to (i) the applicability for employees who are exempt from working hours control; (ii) the new contracts signed after the  Executive Order 936 being published and also referring to (iii) the application of the rules for retired employees, including the validity of individual negotiation with these workers.

It also ratified that in the event of BEM’s rejection for not meeting the requirements for regularization of information, the employer will be responsible for paying the remuneration in the amount equivalent to the proportional reduction of the working schedule and salary or the temporary suspension of the contract, including the respective taxes, contributions and charges due.

We are available to further discuss.