On 12/10/2018, Regulation No. 1,030/2018 of the Ministry of Labor ("Regultion") was published, amending subitem 7.4.3.5 of the Regulatory Standard # 7 – Medical Control of Occupational Health Program.

Before, this subitem provided that the physical examination on discharge should be necessarily be performed until the date of approval of the termination of the employment agreement, in those cases where the medical examination of the employee had been done more than:

– 135 days, for companies of risk levels 1 and 2, according to Table I of NR-4; or

– 90 days, for companies of risk levels 3 and 4, according to Table I of NR-4.

With the Regulation, the subitem now provides that the physical examination on discharge must happen within 10 days from the date of the termination of the employment agreement, maintaining the cases of items 'i' and 'ii' unchanged.

Even though there is no exact definition about the moment of termination of the employment agreement, the most conservative interpretation is that this happens on the last day of provision of services by the employee, both for period of notice worked and for paid period of notice (not worked).

The 10-day period will be computed in calendar days, with the first day excluded and the expiration day included.

To access the Regulation, see https://goo.gl/gg4xGt.

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