Following changes in several states regarding the use of masks, through the publication of State Decrees, the first question that arises is: “What about the use of masks within the company’s premises?”
According to Article 22 of the Federal Constitution, it is solely the responsibility of the Union to regulate the rules relating to Labor Law and not the States through state-wide rules. For this reason, to allow the use of masks within the company environment, there must be a rule issued by the Union.
The Interministerial Ordinance of the Ministry of Labor MTP/MS 14, of January 20, 2022, was in force, which provided for the mandatory use of face masks within business establishments and for this reason employees were required to use masks, even with state authorization.
However, on April 1, 2022, a new regulation was published by the Ministry of Labor, through which the use of masks was waived for employees located in states or municipalities that no longer require the use of protection in closed environments.
Regarding customers who will visit the company’s premises, the use of masks is optional, since they are subject to the rules determined by each State of the Federation, since labor legislation does not apply to them, being applicable only to the company’s employees.
