Análise da medida provisória N. 1046/2021 sobre férias antecipadas e banco de horas em tempos de pandemia

Abstract

This work seeks to analyze the Provisional Measure nº. 1.046/2021, edited by the President of the Republic of Brazil and published on April 27 of this year. The legal instrument aims to cope with the relevant and urgent situation experienced in the country due to the pandemic period resulting from the spread of the SARS-CoV-2 virus. After nearly two years in this situation of many deaths and struggle to contain the virus, the public health, hospitals, and health professionals have been experiencing the damage caused by the infectious disease. However, aside from the health system, the economic system, and, consequently, the population's jobs also have been damaged. The restrictive measures established, which determined the closure of several segments of commerce, industries, stores, and other establishments considered non essential, hampered the promotion of the economy and resulted in a large number of dismissals. The present study approaches the institute of vacations and the "bank of hours" system, which were made more flexible by the Provisional Measure for the maintenance of jobs, the sustainability of the labor market, and to confront the consequences of this emergency. The methodology applied used literature review, through a survey of available publications on the proposed topic, literary works, articles, and, especially, the referred Provisional Measure and other applicable legislation, to identify the changes that have occurred and their possible implications for the labor law.