Decree No. 73626 – Rural
Decree No. 73626, of February, 12th, 1974
Published in DOU, 12/02/1974
Approves Regulation of Law No. 5889, June 8, 1973.
THE PRESIDENT OF THE REPUBLIC, in the use of the award giving Article 81, item III of the Constitution, and in view of the Law No. 5889, June 8, 1973,
Art 1- Annex Regulation is approved, signed by the Minister of Labour and Social Welfare, that discipline the application of standards concerning the relations of individual and collective rural work, provided by Law No. 5889, June 8, 1973.
Art 2- This Decree shall enter into force on the date of its publication, repealed the provisions to the contrary.
Brasilia, February 12, 1974, 153 of Independence and 86 of the Republic.
EMÍLIO G. MÉDICI
REGULATION OF RELATIONS INDIVIDUAL AND COLLECTIVE RURAL WORKING
Art. 1- This Regulation govern the application of standards concerning the relationship of individual and collective rural work provided by Law No. 5889, June 8, 1973.
Art. 2- Is considered to be rural employer, for the purposes of this Regulation, the person or entity, owner or not, who operates agro-economic activity, permanently or temporarily, directly or through agents and with the help of employees.
Paragraph 1: Equivalent to the employer to rural person or entity that, usually in character training, and on behalf of third parties, run agrarian nature of services using the work of others.
Paragraph 2: Whenever one or more companies, although each of them taking their own legal personality, are under direction, control or administration of another, or if, even saving each of their autonomy, integrating rural financial or economic group, shall be liable on obligations of the employment relationship.
Paragraph 3: Includes up in economic activity referred to in the main body of this article, the industrial exploration in agrarian setting.
Paragraph 4: Are considered as industrial exploration establishment in agriculture, for the purposes of the preceding paragraph, the activities that comprise the first processing of agricultural products in nature without turning them into their nature, such as:
I – the processing, the first change and the preparation of vegetables and agricultural products and raw materials of animal or vegetable origin for further selling or industrialization;
II – the use of byproducts from the operations of preparation and amendment of the products in nature, referred to in the previous item.
Paragraph 5: For the purposes as provided in paragraph 3 shall not be considered a rural industry, operating the first processing of agricultural product, change its nature, by removing the requirement of the raw material.
Art. 3- Rural Employee is all natural person, property in rural or rustic building, provides services of a non-rural possible the employer, under the responsibility of this and by salary.
Art. 4- In relations of rural work shall apply Articles 4 to 6, 8 to 10, 13 to 19, 21, 25 to 29, 31 to 34, 36 to 44, 48 to 50, 62 b, 67 to 70; 74; 76; 78 and 79; 83; 84; 86; 116 to 118, 124; 126; 129 to 133; 134 points a, c, d, e, f, 135 to 142; caput of Article 143, 144; 147; 359; 366; 372, 377, 379, 387 to 396, 399; 402; 403; main body 405 and § 5; 407 to 410, 414 to 427, 437, 439; 441 to 457, 458 and caput § 2; 459 to 479; caput 480 and Paragraph 1, 481 to 487; 489 to 504; 511 to 535, 537 to 552, 553 and caput points b, c, d, e, and paragraphs 1 and 2, 554 to 562; 564 at 566; caput 570, 601 to 603; 605 to 629, 630 and caput paragraphs 1, 2, 3, 4, 5, 7 and 8, 631 to 685; 687 to 690, 693, 694, 696, 697; 699 at 702; 707 to 721, 722 caput, and points b,c,d,e paragraphs 1, 2 and 3, 723 to 725, 727 to 733; 735 to 754, 763 to 914; Consolidation of Labor Laws, approved by Decree-Law No. 5,452 , 1 May 1943, with its amendments.
Sole paragraph: They apply also in the relations of rural work:
I – Articles 1, 2 and point the main body; 4th, 5th (with the limitations of this Decree-Law No. 86, December 27, 1966), 6th, 7th, 8th, 9th, 10, 11, 12, 13 , 14, 15, 16 of the Rules of Law number 605, of January 5, 1949, approved by Decree No. 27048, August 12, 1949;
II – Articles 1, 2, 3, 4, 5, 6, 7; Regulation of Law No. 4090, June 13, 1962, with the amendments of the Law No. 4749 of August 12, 1965, approved by Decree No 57155, November 3, 1965;
III – Articles 1, 2, 3, 6, 11, 12, of Law No. 4725, June 13, 1965, with the amendments of the Law number 4903, December 16, 1965;
IV – Articles 1, 2, 3, 5, 7, 8, 9, 10, of Decree-Law No. 15, July 29, 1966, with the drafting of Decree-law No 17 of August 22, 1966 .
Art. 5- of contracts for the work, individual or collective, stipulate, as the customs, practices and customs of each region, the beginning and end of normal day of work, which can not exceed the eight (8)hours per day.
Paragraph 1: Will be compulsory in any ongoing work for more than six (6) hours, the provision of a minimum of 1 (a) time for rest or food, observed the habits and customs of the region.
§ 2 : The time for rest or food will not be counted in hours of work.
Art. 6- Between two days of work there will be a minimum period of 11 (eleven) consecutive hours for rest.
Art. 7- The normal working hours can be increased by additional, not in number surplus of 2 (two), by written agreement between the employer and employee under contract or collective work, observed the
Paragraph 1: The collective agreement or contract of work should be, necessarily, the importance of the remuneration of additional hours will be at least 20% (twenty percent) than in the regular time.
Paragraph 2 could be waived if the increase in salary, under contract or collective agreement, the excess of hours in one day is offset by corresponding reductions in other day, so that does not exceed normal working hours.
Art. 8- Of the duration of the journey to work may exceed the legal limit agreed to end services which by their nature, can not be postponed, or to cope with force majeure.
Paragraph 1: Where this article, may be required regardless of collective agreement or contract and should be reported within 10 (ten) days, the Regional Labour office, or, before that deadline, officials justified the tax without injury that communication.
Paragraph 2: In the cases of over-time due to force majeure, the remuneration of hours surplus will not be less than that of regular time. In other cases of excess provided in this Article, the remuneration will be at least 25% (twenty-five per cent) higher than the normal hours, and work may not exceed 12 (twelve) hours.
Art 9- Of the duration of the journey to work may also exceed the legal limit or agreed, up to 2 (two) hours for the number of days needed to offset disruptions from work resulting from accidental causes or force majeure, provided that does not exceed the daily journey of ten (10) hours.
Sole paragraph- The extension referred to in this article may not exceed 45 (forty-five) days per year, subject to prior authorization of the competent authority.
Art. 10- In intermittent services will not be computed as the effective exercise, the intervals between one and another part of the implementation of daily task, such characteristic be explicitly except in the Portfolio of Labour and Social Welfare.
Sole paragraph: It is intermittent service person who, by their nature, is usually done in two or more distinct steps daily, provided there is interruption of work for at least five (5) hours, between one and another part of the implementation of the task.
Art. 11- Every night shift would increase by 25% (twenty-five per cent) on the return of normal daytime hours.
Sole paragraph: It is night shift, for the purposes of this article, the run between 21 (twenty-one) hours a day and five (5) hours the following day, in farming, and between 20 (twenty) hours of a day and the 4 (four) hours the following day, the livestock activity.
Art. 12- In less than 18 (eighteen) years is prohibited the night shift.
Art. 13- In less than 12 (twelve) years is prohibited any work.
Art. 14- The rules relating to the day’s work, night work, work less and the other compatible with the modality of their activities apply to separate and other rural workers, casual employment, providing services to rural employers.
Art. 15- At the largest employee of 16 (sixteen) years is guaranteed wage-regional adult.
Sole paragraph- When employed less than 16 (sixteen) years is guaranteed-minimum wage equal to half the minimum wage-regional adult.
Art. 16- Besides the chances of a legal or judicial, can only be made from the salary of the employee the following discounts:
I- until the limit of 20% (twenty percent) of minimum wage-regional, for the occupation of address;
II- until the limit of 25% (twenty five percent) of the regional minimum-wage, the supply of food;
III- value of cash advances.
Paragraph 1: The deductions specified in items I, II and III must first be authorized by the employee, without which will be automatically void.
Paragraph 2: For the purposes referred to in Item I of this article, it is considered address, the housing provided by the employer, which, given the peculiar circumstances of each region, meet the requirements of health and hygiene standards established in dispatched by Regional Labour Office.
Art. 17- Where more than one employee reside at the same address, the value corresponding to the percentage of the discount provided for in Section I of Article 15, is also divided by the total number of occupants.
Sole paragraph- It is not permissible in any case, the collective housing families.
Art. 18- Terminate or finalized the contract of employment, the employee is required to withdraw from the address provided by the employer within 30 (thirty) days.
Art. 19- It is harvest worker or season worker the worker who undertakes to provide services under contract to harvest.
Sole paragraph: Contract for harvest is one that has its duration depends on variations seasonal of agricultural activities, thus understood the tasks normally performed in the period from preparing the soil for the cultivation and harvest.
Art. 20- Expired normally harvest of the contract, the employer shall pay the harvest worker, by way of compensation of length of service, a penalty equal to 1 / 12 (one twelfth) of the monthly salary per month of service or fraction over 14 (fourteen) days.
Art. 21- If there is no deadline, the part that, without due cause, wants to terminate the employment contract, should warn the other of its resolution with a minimum of:
I – 8 (eight) days, if payment is made per week or less time;
II – 30 (thirty) days, if payment is made by days or months, or if the employee count more than twelve (12) months of service in the company.
Art. 22- During the period of notice if the withdrawal has been promoted by the employer, will be granted by law rural worker 1 (one) day a week, without prejudice to the full salary, to look for another job.
Art. 23- The retirement age for rural granted to the employee in the form of Complementary Law No. 11 of May 25, 1971, and its regulation, not entail termination of their contract of employment, nor constitute just cause for the waiver.
Sole paragraph- It just cause for termination of employment, than those found in administrative inquiry processed by the Ministry of Labour and Social Welfare, the total and permanent disability, resulting from old age, illness or injury organic, as evidenced by medical expertise over the office Regional Labour.
Art. 24- They apply to the employee and employer rural standards concerning the environment and trade union contribution, in the Decree-Law No. 1166, April 15, 1971.
Art. 25- The plantation subsidiary or intermediate (secondary culture) at the expense of the employee and also of interest when the employer, will be subject to contract separately.
Paragraph 1: If there is need to use rural season workers in the cases mentioned in this article, the burden will always be the responsibility of the employer.
Paragraph 2: The annual result that the employee is entitled rural or in money or in product in nature, can not be computed as part corresponding to the minimum wage on pay-general of the employee during the crop year.
Art. 26- The employer rural which has its service within the limits of their property, more than 50 (fifty) workers of all kinds, with family, is required to possess and store operation in primary school, entirely free, for dependent children, with so many how many classes are the groups of 40 (forty) school-age children.
Art. 27- The limitation of the rights guaranteed to rural workers will only occur after two (2) years of termination or expiration of the employment contract.
Sole paragraph: Against less than 18 (eighteen) years does not run any prescription.
Art. 28- The Minister of Labor and Social Welfare shall, through Ordinance, standards of safety and hygiene of work to be observed in workplaces countryside.
Art. 29- The violations to the provisions of this Regulation and the Consolidation of Labor Laws, except those of Title IV, Chapters I, III, IV, VIII and IX, shall be punished with a fine of 1 / 10 (one tenth) of the regional minimum wage – 10 (ten)-minimum regional wages, according to the nature of the violation and its severity, applied twice in the cases of recurrence, opposition to the supervision or authority to everybody without prejudice to any other appropriate penalties.
Paragraph 1: The lack of records of employees or his record in books or sheets initialed and non-legalized, in the form of Article 42, the Consolidation of Labor Laws, subject to fine the company infringing one (1) minimum wage-regional per employee in an irregular situation.
Paragraph 2: In the case of primary violator, the penalty contained in that article, not to exceed four (4)-minimum regional wages.
Paragraph 3: The penalties will be applied by the competent authority of the Ministry of Labour and Social Welfare, in accordance with the provisions of Title VII, the Consolidation of Labor Laws.
Art. 30- Whoever refuses to exercise the function of member of Board of Conciliation and trial judge or representative class of Regional Court, without good reason, incur the penalty of a fine under Article than the previous suspension of the right to professional representation by two (2) to 5 (five) years.