Piauí law obliges contractors to reserve vacancies for ex-prisoners
The governor of Piauí, Rafael Fonteles (PT), sanctioned a law that obliges public or private companies contracted by the state to reserve part of the job vacancies for former prisoners and people serving sentences in the semi-open and open regimes or on parole.
The legislation also determines that workers are hired in accordance with labor legislation and states that "the work provided for in this Law will be remunerated and cannot be lower than the minimum wage."
The measure was published in the Official State Gazette on Friday (3), but is now only valid for tenders in which the notices are published after 90 days of the sanction. If there is a need for any additional standards, it will be done within 60 days.
Under the new law, administrative contracts that require 25 or more workers must reserve at least 5% of vacancies for this public.
In contracts that require between six and 24 workers, it will be mandatory to reserve at least one vacancy. In contracts with up to five workers, the adoption of the measure will be optional.
According to the rule, the reservation of vacancies applies to companies contracted by the state, directly or through bidding, within the scope of direct, autonomous and foundational administration, as well as the Legislative Branch, Judiciary Branch, Public Ministry and Court of Auditors.
The text establishes that vacancies must be filled after pre-selection and referral of candidates by the state's social offices, following a resolution from the CNJ (National Council of Justice). If there are no candidates with the necessary profile, the vacancies may be reverted to other workers.
To guarantee hiring, the law also determines that when the application of the percentage does not result in a whole number, the total number of vacancies will be rounded up. In other words, if there is 1.2%, two vacancies must be made available.
"In cases where the application of the expected percentages results in a fractional number, rounding will be carried out to the nearest subsequent whole number", says the law.
According to the provision, if there is dismissal or any type of impediment, the company has up to five days to inform the competent bodies to replace it with another worker who respects the conditions of the vacancy.
In addition to hiring, the standard authorizes the development of professional training programs, incentives for continuing education, professional courses, regularization of documentation and actions aimed at strengthening the beneficiaries' family ties.
Tender notices and contracts must expressly provide for the obligation to comply with the vacancy reservation. Before each payment, companies will have to prove to the public administration that they are meeting the requirements of the law.
The law was sanctioned one day before the start of the electoral closure. Since this Saturday (4), governors who will run for re-election, such as Rafael Fonteles, will be subject to the restrictions of electoral legislation, including limitations on institutional advertising and the free distribution of goods, values and benefits.
Source: CNN