In accordance with the rules of Law 10.101 / 2000, companies can implement plans for participation in profits and / or results, through a Collective Agreement or Convention, signed with the Union of the economic category, or, through a commission elected and formed among the employees, with the mandatory participation of a Union representative, among other rules.
The recent Law 14.020 / 2020, which converted Provisional Measure 936/2020, originally had vetoes from the President of the Republic in changes that affected the rules for participation in profits and results, vetoes that were overturned by the National Congress, effectiveness restored of article 32 of Law 14,020 / 2020, which introduced to article 2 of Law No. 10,101 / 00 (which provides for the participation of workers in the profits or results of companies), paragraphs 3-A and 5 up to 10.
With the overturning of vetoes, some important changes occurred in the original rules, noteworthy:
(a) the participation of the Union representative has not been excluded, but it is no longer mandatory if the union, duly notified, does not appoint a representative within 10 days, and the internal commission may deliberate and decide the rules; it is up to the company to send a copy to the union;
(b) the company may have several PLR programs, respecting the legal periodicity (2 (two) times in the same calendar year, less than 1 (one) calendar quarter);
(c) the subscription of the plan must precede any payment and occur, at least, 90 days before the single or final installment, if anticipated;
(d) if there are errors in the payment periodicity, they only stain payments made in disagreement and not the whole plan.
For full consultation of the new rules, follow the link for consultation http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2020/Lei/L14020.htm#derrubadaveto.
Prepared by ANA CLAUDIA MORO, Legal Consultancy at ABES and a lawyer at MA SANTOS, CÔRTE REAL and ASSOCIADOS - ADVOGADOS.
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