Lawyers say proceedings should change the dynamics in the data declaration to the payroll -loan program
Companies gain more obligations because of the program. Lawyers consulted by Poder360 It is said that more tasks can increase bureaucracy in the company’s environment and make some processes, even indirectly.
The main points that weigh for entrepreneurs are related to employee data statements, considered fundamental for the new private payroll loan.
The change in the old formal loan modalities is that before the companies needed a bank relationship to offer money. Not now. It has become easier for any employee to apply for financing, and employers have to fulfill obligations the same way.
The accounting and legal teams of companies must be organized to do the following processes correctly:
- perform the discounts of the installments;
- monitor the official platforms;
- Inform salaries, situation of bond and the values of severance pay.
“It will have an increase in cost indirectly, such as time spent, personal and internal organization. In turn, there will be increased bureaucracy, no doubt. This is because, although the company does not pay the loan, it will have more operational obligations.”said Elisa Alonso, specializing in labor law and partner at the office.
The rules began to apply on March 12, when the President (PT) signed the Provisional Measure () that creates credit to the worker.
All communications and reports on the requested data on workers are made by the system created by the government to send the reports. Entrepreneurs do not need to allow the employee to take the loan, but it is necessary to follow the determinations when payments begin.
“The company must only comply with the transfer and discount obligations on the leaf. The simple fact that it is registered in the system and does not oppose, already generates a presumption of science.”declared Elisa.
In addition to work relations, there is a possibility for companies to be processed or charged in court because of failures in obligations. The possibilities of judicial barriers can come especially by 2 paths:
- by the employee, who would be affected by not receiving the loans;
- by the bank, if one is wrong to affect the financial flow of the financial institution.
The consequences may include criminal penalties for administrative responsibility. An example would be the case of a retention of values that should be discounted by the loan.
“The employer is subject to responding for the losses and damages caused to the consignee or worker institution. In case of appropriation of resources, it will be subject to applicable administrative, civil and criminal penalties.”said Gleise Ferrari, lawyer of the office’s labor area.
Not necessarily companies commit an irregularity in bad faith. The news is still recent and employers can be taken by surprise to the news related to the credit program.
According to professionals consulted for the report, small businesses have the potential to be the most affected. Entrepreneurs often have less structure, especially for personnel management.
“Small companies, which don’t always have HR [Recursos Humanos] structured, they can feel this impact more strongly ”declared Elisa.
Worker credit
The program allows employees with bonding to (consolidation of labor laws) to loans with discounted portions of their salaries. It changes the rules of the former private payroll, which depended on partnership with financial institutions.
Understand the consigned loan modality:
- what is it? – Credit with installments discounted directly from payroll or benefit;
- fees – The proposal is that they are lower because of the lower risk of default.
As showed the Poder360the fees charged to workers that those already practiced by the market. Simulations show a charge with variations of 2.8% to 5.97%. Social networking users have already complained about rates.
The government’s internal evaluation is that it is necessary to expect more banks to adhere to the program to increase competitiveness and promote a (even if not so expressive) reduction in interest.
On the one hand, the rates are above what is expected because of the low competition. On the other hand, it is necessary for people to apply for the loan to consolidate the long -term program in the evaluation of the economic team.
According to Haddad, the worker with bonding to (consolidation of labor laws) is not yet known sufficiently about the program to“migrate” current debts.
“The worker who has taken a credit in the private consignment in the previous model is not yet informed that he can migrate”these.
He also reported that R $ 8 billion were granted by credit to the worker until April.
Even with criticism of the program and the eventual greatest indebtedness, the Minister of Finance praised the initiative: “This marketplace we build is perhaps one of the most amazing things in the world. I don’t know a credit marketplace like what was released by the federal government.”.
Learn how to simulate
The simulation is done in the application. There you can click on the loan item and fill in the blank spaces with the amount and number of installments.
The application informs a reference rate, but that does not correspond to the bank offer. To have access to credit, the worker needs to request a financing. Proposals are sent in the application within 24 hours.
The person should wait for this period to make a new request. That is, the worker can only place one request at a time.
Read the step by step below:
