Understand what pension limbo is; project seeks to solve the problem

“The problem of the social security limbo occurs when the employee enjoying the social security benefit of sick pay is certified by the INSS expert doctor as fit for work, determining his return to activity, thus ceasing the paid leave. The employee, upon returning to the company, undergoes a clinical reassessment with the company’s physician. And this attests to the worker’s ineptitude, recommending, therefore, that the worker stays away. This decision goes against the INSS expert report”, explains the civil and labor lawyer at Carvalho & Cavalheiro, Adeilma Oliveira.

According to the lawyer, because there is no legislation regulating the subject, during this period it is common for the employee to be financially helpless, that is, he does not receive the social security benefit and, at the same time, is prevented from returning to work.

In order to regulate the social security limbo, the bill of law is being discussed in the National Congress 3236/2020. The proposal by federal deputy Lúcio Mosquini (MDB-RO) seeks to enable the employer to monitor and appeal against INSS administrative decisions regarding the granting, denial or extension of the sickness benefit.

For federal deputy Joaquim Passarinho (PL-PA), the social security limbo harms companies and employees, generating insecurity for the parties, when it is not possible for employers to challenge the body’s decisions.

“Social security cannot make a worker fit without talking to the company itself. So there is a lack of this interconnection, this interaction between who employs and who is giving the report of that worker. And, so that the worker is not harmed, we need to solve the problem of social security limbo”, he points out.

The bill that seeks to regulate the social security limbo is being discussed in the National Congress attached to another proposal that establishes precautionary measures related to sickness benefits in the content of the technical report issued by the INSS. The project is awaiting the designation of a rapporteur in the Constitution, Justice and Citizenship Commission (CCJC).

The matter is part of the Industry Legislative Agenda, which was launched on the 28th, in the Chamber of Deputies. Of the 139 bills pending in Congress identified as important by the CNI, 12 are considered a priority. The projects seek to improve the business environment, attract investment and increase the competitiveness of the Brazilian economy.

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