Government issues new decree to help protect port workers during pandemic

On Saturday (06/04), Brazil’s President issued a decree relating to the safety of port sector workers during the coronavirus pandemic. The measure was published in the Federal Official Gazette and is valid for 120 days.

The measure alters the way in which outsourced workers are drafted in to carry out loading and unloading operations at the ports on demand. Currently, they are recruited from amongst large crowds at the terminals, which is not recommended in times of pandemic. The new measure requires that labor-management agencies must recruit remotely by using new technologies, so that the individual only comes to the port when work is to be carried out.

Another detail of the measure is that workers may not be recruited who show flu-like symptoms or a cold; are diagnosed with COVID-19; are pregnant or lactating; aged sixty or over; and who have immunodeficiency or respiratory diseases or chronic or severe pre-existing diseases.

Thus, the measure ensures that workers who are in the situations mentioned above have the right to receive a monthly compensatory payment of 50% of the monthly average received between October 1, 2019 and March 31, 2020. The cost of paying the indemnities will be borne by port operators who request workers, who will be entitled to a discount on port tariffs equivalent to the indemnity to be paid, or readjustment of their contracts. The labor-management agencies will be responsible for calculating, collecting and passing on to the beneficiaries the amount to be paid.

Finally, in order not to cause interruptions in operations in case of unavailability of independent workers, it is foreseen that port operators that are not served can freely hire workers with whom they have an employment relationship, for several functions. The maximum term of the contract will be 12 months, and the temporary nature of the measure due to the pandemic must be made clear.

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