Municipal Decree No. 60,131 of 03/18/2021 was published by the City of São Paulo:
"Art. 1º The holidays of Corpus Christi and the Black Awareness Day of the year 2021 and the holidays of the Anniversary of São Paulo, Corpus Christi and the Black Awareness Day of the year 2022, provided for in Article 10 of Law No. 14.485, of July 19, 2007, as authorized by Article 3 of Law No. 17.341, of May 18, 2020. ”
Article 2 excludes, from the effects of the norms, some services expressly cited, in addition to "activities that cannot be discontinued."
"Art. 2 The provisions of article 1 of this decree do not apply to health, urban security, social assistance and funeral services, in addition to other activities that cannot be discontinued. ”
The vast majority of users of services related to information technology and data processing and services are established or reside throughout the national territory (not just in the city of São Paulo).
In addition, private sector users who operate in the most different branches of activities (including essential services), companies in the IT sector also provide services to numerous bodies that are part of the public administration and other entities directly or indirectly controlled by the Union, States, District Federal and Municipalities, including organs and entities dedicated to the health of the population such as hospitals, emergency rooms, UPAs, UBSs, clinics and medical offices, pharmacies and drugstores, among others.
Sensitive to these facts, Federal Decree No. 10,282 / 20, when regulating Law No. 13,979 / 20, defining public services and essential activities, listed among the “public services and essential activities” those indispensable to meet the urgent needs of the community , thus considered those that, if not attended to, “endanger the survival, health or safety of the population”, the one typified in item XXIII, that is, “services related to information technology and data processing (data center ) ”.
The recent state decree nº 65.545, of March 3, 2021, when extending the quarantine measure referred to in Decree nº 64.881 / 20, brought exceptional discipline to essential services, with a new wording to article 4 of the aforementioned decree that “ movement of people within the scope of the State of São Paulo is limited to the performance of essential activities, …… ”
In the opinion of this Association, the anticipation of holidays provided for in article 1, under the terms of the municipal decree of São Paulo, nº 60131, “does not apply” to the activities developed by companies providing services related to information technology and data processing, covering licensing of software use (including computer programs made available through cloud computing), “data centers” and provision of technical support essential to the use of these technologies, as they are included in the list of “activities that cannot be discontinued ”.
In this sense, it is optional to anticipate the holidays mentioned in article 1 of decree nº 60.131 for companies that provide services related to information technology and data processing, especially to professionals who perform services under the telework / home office regime, which can be granted on the dates originally provided for in the ordinary legislation.
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