Banco de horas em momentos de recessão econômica

Tempo de leitura: 4 min

Para a execução de projetos extensos que tomam tempo a mais dos colaboradores, e exigem a continuação das atividades realizadas, excedendo ao período normal de jornada, podem ser identificadas como Banco de Horas. Este tipo de compensação para funcionários é ideal para momentos de recessão econômica.

O banco de horas consiste em um acordo onde as horas trabalhadas a mais, são compensadas por redução de carga horária em outro dia. O limite de horas para o banco, consiste em 2 horas por dia, o que equivale a 10 horas semanais.

Ao realizar a gestão de faltas de um funcionário, a empresa deve ter em mente como serão feitas as compensações de tempo, com duas alternativas viáveis em vista: a primeira é o banco de horas e a segunda é a compensação por hora extra.

No Brasil o banco de horas surgiu em um momento de recessão econômica, a partir da Lei n° 9601.98 que alterou o artigo 59 da CLT, período em que milhares de trabalhadores foram demitidos dos seus empregos e muitas empresas fecharam.

A ideia principal que norteou a alteração da lei, foi a flexibilização de alguns direitos previstos em Lei, com o intuito de combater o desemprego.

banco de horas em momentos de recessão econômica

Banco de Horas e momentos de recessão econômica

Crises, sejam elas de qual ordem, sempre irão desencadear instabilidade econômica e financeira. A pandemia do Covid-19, por exemplo, acelerou muitos processos de adaptação para as empresas. Uma das alternativas foi incluir o banco de horas, justamente por ser a método mais prático de evitar dispensas coletivas.

Segundo a legislação, qualquer empregador tem o direito de inserir o Banco de Horas, sem necessariamente associar a escolha à impedir dispensas. E quanto a escolha, pelo funcionário, referente ao uso do banco de horas, deve ser acordada previamente com o empregador.

Todas as horas excedentes ao previsto, na jornada de trabalho de cada colaborador, são consideradas banco de horas e devem ser compensadas com entradas tardias ou saídas antecipadas.

Como funciona o acesso ao banco de horas pelo colaborador?

Para esclarecer, uma das exigências impostas pelo banco de horas é o controle individual do saldo de cada funcionário. Inclusive a disponibilização de acesso e acompanhamento do banco para o empregado.

Para manter clareza e transparência nas informações entre gestores e colaboradores, é importante que o RH realize com frequência a análise dos dados, nesse caso é indispensável o uso de ferramentas ou softwares de gestão, para auxiliar na eficiência do controle de banco de horas.

Além disso, flexibilizar o controle da jornada e o acesso ao banco de horas aos colaboradores, evita uma série de problemas e processos judiciais.

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Saiba quais orientações devem ser seguidas, para o acordo do banco de horas

  • Previsão em convenção ou acordo coletivo de trabalho;
  • Previsão em acordo individual escrito;
  • Aprovação de empregados representados pelo sindicato da categoria;
  • Limite de jornada máxima diária de 10 horas, exceto os regimes de escala cíclicas (12 – 36, por exemplo);
  • Cumprimento de jornada máxima semanal de 44 horas previstas durante o período de acordo;
  • Deve ser mantido o controle individual do saldo de banco de horas;
  • Compensação das horas dentro de um período máximo de 6 meses de acordo individual ou de 1 ano (de acordo coletivo);
  • Deve ser mantido pela empresa o controle individual do saldo de banco de horas como o acesso e acompanhamento do saldo por parte do empregado;
  • Pagamento do saldo das horas excedentes não compensadas num prazo máximo de 6 meses e 1 ano ou quando na rescisão do contrato de trabalho.

É necessário estar atento sobre a maneira correta de por em prática o banco de horas. A hora extraordinária, quando é paga, deve ser acrescida de no mínimo 50% sobre o valor da hora normal. Não havendo previsão em convenção ou acordo individual, o saldo negativo não poderá ser descontado do emprego em caso de rescisão de contrato de trabalho.

Porque adotar um sistema de Controle de Ponto?

Passivos judiciais para revisar erros no registro de ponto é algo bastante frequente. Muitas empresas que não mantêm os dados organizados, podem ser gravemente prejudicadas.

Hoje, os sistemas de controle de ponto auxiliam na gestão completa de dados, viabilizando o acompanhamento aprofundado da jornada dos trabalhadores. Acima de tudo, a flexibilização de inclusão e controle de ponto, através de aplicativo mobile, tornam cada vez mais fácil o trabalho do RH.

Com o Ponto Secullum Web, por exemplo, gestores tem total controle sobre os dados e registros de jornada dos funcionários. O aplicativo Central do Funcionário, torna extremamente simples e segura a inclusão de ponto via dispositivos móveis, com recursos que  facilitam o controle  da  jornada  à distância. Geolocalização, inclusão de ponto por perímetro autorizado, ponto offline e reconhecimento facial por webcam, são alguns exemplos desses recursos.

Todos garantindo total segurança para monitorar o cumprimento da jornada de trabalho dos funcionários em home office, ou trabalhadores externos no geral.


Como fica a situação dos funcionários que adotaram o banco de horas, durante a vigência da MP nº 927?

A MP que instituía a modalidade alternativa do banco de horas, permitindo a folga do funcionário para posterior compensação, terminou dia 19 de julho. Depois disso, voltou a valer a regra primária. De acordo com a Lei da CLT, primeiro o colaborador deve trabalhar horas adicionais, para posteriormente tirar folgas compensatórias. Obedecendo o prazo de seis meses, quando acordo individual, ou de 12 meses, quando acordo coletivo.

Portanto, uma das formas de proporcionar maior segurança jurídica para o empresário, é a refazer o acordo coletivo. Buscando um acordo junto ao sindicato e validando a situação nos novos termos da antiga MP, uma vez que a CLT permite que negociações prevaleçam sobre o legislado.

 

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