Novas regras do Programa Seguro-Emprego e prorrogação de sua vigência passam a ser definidas em lei

Novas regras do Programa Seguro-Emprego e prorrogação de sua vigência passam a ser definidas em lei

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Foi transformada em lei a Medida Provisória nº 761/2016, que altera o programa de que trata a Lei nº 13.189/2015, para denominá-lo Programa Seguro-Emprego (PSE) e para prorrogar seu prazo de vigência, conforme os destaques adiante.

O antigo Programa de Proteção ao Emprego (PPE), previsto na citada lei, passa ser denominado PSE, como política pública de emprego ativa, sendo que os trabalhos técnico-administrativos do programa cabem ao Ministério do Trabalho (MTb), observada a regulamentação por meio de ato do Poder Executivo federal.

O PSE consiste em ação para auxiliar os trabalhadores na preservação do emprego, podendo aderir ao programa as empresas de todos os setores em situação de dificuldade econômico-financeira que celebrarem acordo coletivo de trabalho específico de redução de jornada e de salário.

A adesão ao PSE pode ser feita junto ao MTb, até o dia 31.12.2017, observado o prazo máximo de permanência de 24 meses, na forma definida em regulamento, respeitada a data de extinção do programa em 31.12.2018.

Tem prioridade de adesão a empresa que demonstre observar a cota de pessoas com deficiência, as microempresas e empresas de pequeno porte, bem como a empresa que possua em seus quadros programa de reinserção profissional de egressos do sistema penitenciário.

As microempresas e as empresas de pequeno porte que aderirem ao PSE poderão contar com o apoio técnico do Serviço Brasileiro de Apoio às Micro e Pequenas Empresas (Sebrae), conforme disposto em regulamento.

Poderão aderir ao PSE as empresas que se enquadrem nas condições estabelecidas pelo Comitê do Programa de Proteção ao Emprego, independentemente do setor econômico, e que cumprirem os seguintes requisitos, entre outros:
a) apresentar, ao MTb, solicitação de adesão ao PSE;
b) comprovar a situação de dificuldade econômico-financeira, fundamentada no Indicador Líquido de Empregos (ILE), considerando-se nesta situação a empresa cujo ILE seja igual ou inferior ao percentual a ser definido em ato do Poder Executivo federal, apurado com base nas informações disponíveis no Cadastro Geral de Empregados e Desempregados (Caged), consistindo o ILE no percentual representado pela diferença entre admissões e demissões acumulada nos 12 meses anteriores ao da solicitação de adesão ao PSE, dividida pelo número de empregados no mês anterior ao início desse período. No cálculo do ILE, não serão computados os eventos de transferência por entrada, de transferência por saída e de admissão ou desligamento de aprendizes.

Os empregados de empresas que aderirem ao PSE e que tiverem o seu salário reduzido fazem jus à compensação pecuniária equivalente a 50% do valor da redução salarial e limitada a 65% do valor máximo da parcela do seguro-desemprego, enquanto perdurar o período de redução temporária da jornada de trabalho.

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O acordo coletivo de trabalho específico para adesão ao PSE, celebrado entre a empresa e o sindicato de trabalhadores representativo da categoria da atividade econômica preponderante da empresa, pode reduzir em até 30% a jornada e o salário. O acordo coletivo de trabalho específico não disporá sobre outras condições de trabalho que não aquelas decorrentes da adesão ao PSE.

O número total de trabalhadores e de setores abrangidos pelo PSE e a citada redução de até 30% poderão ser alterados durante o período de adesão ao programa, desde que aprovados em assembleia dos trabalhadores abrangidos pelo programa, dispensada a formalização de termo aditivo ao acordo, observados os critérios a serem estabelecidos em ato do Poder Executivo federal.

A empresa que aderir ao PSE fica proibida, entre outras hipóteses, de dispensar arbitrariamente ou sem justa causa os empregados que tiverem sua jornada de trabalho temporariamente reduzida enquanto vigorar a adesão ao PSE e, após o seu término, durante o prazo equivalente a um 1/3 do período de adesão.

A empresa pode denunciar o PSE a qualquer momento, desde que comunique o ato ao sindicato que celebrou o acordo coletivo de trabalho específico, aos seus trabalhadores e ao Poder Executivo federal, com antecedência mínima de 30 dias, demonstrando as razões e a superação da situação de dificuldade econômico-financeira.

Deve ser mantida a garantia de emprego, nos termos da adesão original ao PSE e aos seus acréscimos. Somente após 6 meses da denúncia, pode a empresa aderir novamente ao PSE, caso demonstre que enfrenta nova situação de dificuldade econômico-financeira.

Fica excluída do PSE e impedida de aderir ao programa novamente a empresa que, entre outras hipóteses, cometer fraude no âmbito do PSE, assim entendida como a situação em que a empresa obtiver, para si ou para outrem, vantagem ilícita, em prejuízo alheio, induzindo ou mantendo alguém em erro, mediante artifício, ardil ou qualquer outro meio fraudulento, relativamente ao programa, como atos praticados quanto à burla das condições e dos critérios para adesão e permanência no programa, fornecimento de informações não verídicas, apresentação de documentos falsos ou desvio dos recursos da compensação financeira do programa, destinada aos empregados abrangidos.

A empresa que descumprir o acordo coletivo ou as normas relativas ao PSE fica obrigada a restituir ao Fundo de Amparo ao Trabalhador (FAT) os recursos recebidos, devidamente corrigidos, e a pagar multa administrativa correspondente a 100% desse valor, calculada em dobro no caso de fraude.

(Lei nº 13.456/2017 – DOU 1 de 27.06.2017)

Fonte: Editorial IOB
Data: 27 de junho de 2017
Acesso: 28 de junho de 2017

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