Publications

New obligations in e-Social – 2023

January 16, 2023

Put: Rafael Mello and Israel Cruz

Implementation of e-social regarding Occupational Health and Safety information has been completed

In theory, as of January 1, 2023, all companies would be required to provide, in addition to the information already provided (payrolls, admissions and dismissals), all information related to Occupational Health and Safety (OHS). As a result, e-Social will be used for active monitoring of companies. However, as we have already announced in our communications, these obligations have been temporarily suspended to give companies and society as a whole additional time to adapt.

However, it is certain that such obligations will soon be in full force and, in this context, labor inspectors will have broad access to the information made available on e-Social, being able to direct inspection measures with greater assertiveness and precision.

In this regard, failure to comply with obligations or providing incorrect information may result in significant fines. For example, if the employee fails to hire people with disabilities (PWD) and thus fails to meet the quota set by law, the fine may reach R$$ 292,650.52 for each employee. no hired.

It should also be noted that there may be a fine in the event of inaccuracy or incorrect information provided, even in situations of data rectification, if the inspector understands that this rectification implies incorrect information.

There will also be a fine for failure to present occupational health certificates or for incorrectly completing the Work Accident Report (CAT) that is not attached to the Occupational Health Certificate system.

Therefore, we recommend a review of all procedures related to e-Social, especially with regard to payroll, admission, dismissal, compliance with quotas and adaptation of the Occupational Health and Safety systems, including taking advantage of the welcome suspension of the effects of implementing these new features.

Our Mazzucco&Mello office is ready and available to assist its clients in all stages of reviewing and adapting labor procedures to e-Social.

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Rafael Mello

+55 11 3090-7304

rafael.mello@br-mm.com

Israel Cruz

+55 11 3090-9195

israel.cruz@br-mm.com

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

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