Put Rafael Mello and Israel Cruz  – 14/04/2020

On April 4, 2020, the government issued Provisional Measure 945 (MP 945/2020), which deals with temporary measures in response to the pandemic resulting from COVID-19 in the port sector and the transfer of yards under military administration.

The aforementioned MP 945/2020 prohibits the scheduling of casual port workers who present one or more symptoms such as: (i) dry cough, (ii) sore throat, (iii) difficulty breathing, (iv) fall into the risk group, (v) be diagnosed with COVID-19, or (vi) be subject to isolation due to cohabitation with a diagnosed person.

For the period in which the ban on scheduling is maintained, the casual port worker will be entitled to receive a remuneration portion corresponding to 50% of the monthly average received through the intermediation of the Labor Management Body between October 1, 2019 and March 31, 2020.

The cost of the compensation will be covered by the port operator or any service recipient who requests a temporary port worker from the Labor Management Body, which will transfer the compensation to the beneficiaries.

In the event of an increase in costs for casual port work, due to the compensation provided for by the Provisional Measure, there is an express provision for the review of lease contracts for economic and financial rebalancing.

In the event of a shortage of temporary port workers, port operators may hire employees for a fixed term.

Furthermore, it was established that the scheduling of casual port workers by electronic means was mandatory, and the means must be inviolable and technically secure.

Thus, with the measure in question, casual port workers will now be able to earn an income without having to perform any work so that they can take care of their health or isolate themselves in the event of a medical order.