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New ordinance of the electronic time clock (Ordinance 671)

by Marcelo Mesquita
4 min read
Tags biz

New ordinance of the electronic time clock (Ordinance 671)
Translated from Português (Brazil) • View original

To manage and ensure that the employees' Working Hours are correctly complied with, the Human Resources sector uses electronic time registration. But before understanding what changes occurred with the most recent Ordinance 671, let's go back in time a little bit and understand how the changes happened

Ordinance 1,510 and Ordinance 373

Ordinance 1,510 was created in 2009 containing 'ways' to control the marking of employees' entry and exit times, bringing modernity and practicality, because before the publication was created and disseminated, the only ways to do this control were manually and mechanically. With this transformation to the most modern form, electronic clocks emerged in companies that replaced time cards, one of the biggest changes after modernization was the issuance of proof of recorded times. In 2011, Ordinance 373 was published, bringing advances in alternative electronic records. Thus, time control started to be done through time management software, bringing more flexibility to the company and employees because with the help of technology, it was possible to use computers, cell phones and clock in remotely. However, on November 8, 2021, the Federal Government released the new Ordinance No. 671 for time and attendance control, updating rules for the Work and Social Security Card (CTPS). Several doubts arise when any change related to electronic time and attendance control happens, leaving employers and unions on alert. No wonder, it is necessary to adapt to the new requirements. But after all, what is Ordinance 671 and what changes did it bring to electronic time and attendance control systems?

Ordinance 671: What are the biggest changes?

The new ordinance was published in November 2021, but only came into force in February 2022, it is valid for all existing forms of time registration, both manual and mechanical as well as electronic. If your company has more than 20 employees, time registration is mandatory. The rule is clear and says that the system must record the clockings without errors, so some actions have become prohibited. They are: - eliminate or change the data recorded by the employee, - restrict time to time clockings, - clock in automatically, that is, making use of a predetermined time, - require through the system, prior authorization to clock overtime. On the other hand, some actions have become allowed. They are: - mark in advance a certain period of necessary rest, - clock in by exception to the regular working day.

Can Ordinances 1,510 and 373 be disregarded?

Yes, it can be disregarded because Ordinance 671 came to update the rules of the previous two when it came into force in November 2021. However, it is worth mentioning that some rules were maintained and were only updated, such as the electronic records of entry and exit of employees.

What is the electronic time recording system

We can define it as a "set of equipment and computerized programs intended for recording the time of entry and exit of employees in electronic registration". There are three types of system that are authorized by legislation to be used, they are: 1) REP-C – Conventional Time Registration This is the famous time clock, governed by Ordinance 1.510. The traditional Time Recorder is an electronic equipment where the employee clocks in and prints a proof of registration. The REP-C must be approved by INMETRO according to guidelines from the Ministry of Labor. 2) REP-P – Time Registration by Program This is a novelty that came along with Ordinance 671, a new concept that consists of software and must be run in a cloud environment that is used exclusively for the registration of entry and exit of employees, it also has the capacity to issue documents arising from the employment relationship. With this system, it is possible to register the time through fingerprint and even facial recognition. We cannot leave aside that the REP-P must, mandatorily, print a proof of time registration. Unlike the previous system, this type of registration must be registered with the National Institute of Industrial Property (Inpl). 3) REP-A – Alternative Time Registration This system can be used only when authorized by a collective bargaining agreement or convention, and can be an electronic device, software or a combination of the two. Clocking in can be done through computers, applications and allows it to be done remotely. With the REP-A, it is not allowed to extend its validity when the rule expires. Like all other existing systems, this one also has some rules to be followed and it is important that it meets three requirements: - Provide the electronic extraction or printing of the markings made by the employee, - Must be used only during the period of validity or collective agreement as mentioned at the beginning, - Allow the identification of employee and employer.

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