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Failure to comply with the eSocial can cost R $ 4,000 in a fine

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The deadline for the start of sending SST obligations to Group 4 eSocial expires on January 1, 2023, but there are still companies that have not complied and can be fined according to the legislation.

Starting at 8:00 on 1 January 2023, companies in Group 4, made up of public bodies, international organizations and other extra-territorial institutions, must start sending the obligations of occupational health and safety (OSH) events to the eSocial🇧🇷 It’s what determines the Joint ordinance MTP/RFB/ME n. 2, of 19 April 2022 – DOU 20/04/2022amending Joint Ordinance SEPRT/RFB/ME No. 71 of 29 June 2021, extending the implementation schedule of the group eSocial system in relation to phases 3 (Payroll) and 4 (SST).

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According to the ordinance, small and medium-sized enterprises (SMEs) are also obliged to submit the information. However, many of these organizations find it difficult to comply with processes, submit the necessary documentation and correct information. Often this happens due to the lack of knowledge of the managers, who end up having recourse to the accounting offices to make up for this lack.

“Incorrectly, companies with functions that are not exposed to occupational risks think they don’t need to submit occupational health and safety information to eSocial. But this is a mistake. Only companies with no employees are not required to submit OSH events to eSocial,” comments Renan Soloaga, CEO of IndexMeda startup specializing in technology solutions to help companies comply with occupational health and safety (OSH) requirements.

According to data from Sebrae, there are 6.4 million businesses in Brazil, 99% of which are SMEs. They account for 52% of formal jobs in the private sector, around 16.1 million.


Failure to submit obligations to eSocial may result in penalties ranging, for example, between BRL 452.53 and BRL 4,025.33, in the event of failure to submit the Occupational Medicine Certificate (ASO). Failure to comply with occupational health standards and failure to prepare occupational health medical control programs (PCMSO) for employees can result in a fine ranging from R $ 1,436.53 to R $ 4,024.42. The company can also receive a fine ranging from R$ 1,201.36 to R$ 3,494.50 when the employee fails to undergo the necessary medical examinations or carries them out after the deadline.


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Source: Terra

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