Activities are gradually resuming in different regions of Brazil.

In the state of São Paulo, for example, offices can start working again, which means the end of the home office for thousands of professionals.

Even if there is still no vaccine for Covid-19 and the pandemic continues, the employee is obliged to attend the workplace when requested, says lawyer Sergio Vieira, Managing Partner at Nelson Wilians Advogados Associados.

“If the worker refuses to return to work without being in the risk group or has the causal link that the company does not meet safety conditions, he may be fired for a just cause,” says Vieira.

The basis is in article 483 of the Consolidation of Labor Laws (CLT).

“The employee must comply with what the employer determines”, highlights the lawyer.

The exceptions are for people who have a medical certificate.

Only situations in which the employee can prove that there is a risk of leaving home is it possible to continue in the home office and for those outside the risk group, there is no alternative: they must resume face-to-face activities. However, Sergio Vieira says that the company must comply with certain standards.

“The company must guarantee the safety of these employees, maintaining proper hygiene and offering alcohol gel on the spot, for example,” explains the lawyer.

Only when the company is not doing its part can the employee question and, if it is proven that the environment is unhealthy, the home office may return.