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Issued in November, the MP is stalled in the Senate because there is no agreement for its approval. If it is not voted at the end of this second, the provisional measure loses its validity. The suggestion to reissue the text was made by the President of the Senate, Davi Alcolumbre (DEM-AP).
The provisional measure was even approved by the joint committee and the plenary of the Chamber of Deputies, but it would still have to be voted on in the plenary of the Senate. With the reissue, the new text will have to go all that way again.
To prevent the employment program from failing, the government needs revoke the MP until the end of this second, to prevent it from expiring and losing validity. If this is done, the government can send the new text whenever it wishes, without risk of committing any irregularity. Meanwhile, the Green and Yellow Contract rules cannot be applied to new employees.
Senate technicians say that if Bolsonaro did not revoke the MP and the text lost its validity at the end of the period, the government could not re-present the rules in a new text. In addition to this hypothesis, the Federal Constitution also prohibits the re-presentation of a text sent in the same year, or of texts that are voted and rejected by parliamentarians.
“In view of the imminent expiration of MP 905, I chose to revoke it, subject to agreement with the President of the Senate. To create jobs, we will issue a new MP, specifically to deal with the Green and Yellow contract during Covid’s confrontational period, ”Bolsonaro wrote.
With the announcement, Davi Alcolumbre decided to cancel the senators’ call for a remote voting session on Monday.
“This measure is important so that the National Congress can improve this important program and guarantee the employment of Brazilians,” Alcolumbre said in a published note, referring to the presidential decision to remit the rules of the Green and Yellow contract.
Controversial, the text received almost two thousand amendments, suggestions to change points of the MP. According to Alcolumbre, this is a record in the history of the National Congress.
MP with green and yellow contract wins Monday if not voted by Senate
The MP was issued last year with the aim of reducing job charges for companies and, therefore, stimulating job creation, especially among young people.
As it is the subject of a provisional measure, the Green and Yellow contract modality has been in force since the edition by the Executive, but it must be approved by Congress to become law. The term for the analysis of a parliamentarian by the legislature is 120 days.
According to the government, the proposal reduces bureaucracy and makes hiring easier, and therefore helps young people get their first job and professional experience.
The Yellow Green Contract applies to job offers that pay up to a minimum and a half salary, that is, R $ 1,567.50 (in 2020).
The deputies approved a different version of the original government proposal. The company’s contribution percentage to the Duration of Service Guarantee Fund (FGTS), for example, was 8%, as already practiced, and not 2% as the government had proposed.
The text provides an optional discount on the social security contribution to unemployment insurance for workers who are temporarily unemployed.
If you choose to collect, set at 7.5%, the beneficiary can count this period when calculating the contribution time for retirement.