Mar 5, 2014 12:34
10 yrs ago
18 viewers *
português term

Diária extra

português para inglês Tecn./Engenharia Construção/engenharia civil Tunnels
Hora extra de serviço do técnico expatriado: Hora de serviço trabalhada pelo técnico expatriado além do período definido acima como Diária normal (item 7.3.1) e Diária extra (item 7.3.3). Este serviço será pago por hora conforme item 3.3 da PPU.
Does "Diária extra" mean anything special in Pt/Br?

Discussion

Mario Freitas Mar 10, 2014:
Hey, you should learn it, Nick. You have 200,000,000 potential clients in Brazil against 11,000,000 in Portugal! Plus, you have assistance from you colleagues here at KudoZ!
Nick Taylor (asker) Mar 9, 2014:
!!! Brazilian contracts! Never again! :-)
Mario Freitas Mar 9, 2014:
@ Martin, Yes, and certaily not in the best conditions! lol
Martin Riordan Mar 8, 2014:
@ Mario That's where the Brazilian employers end up!
Mario Freitas Mar 8, 2014:
Right, Martin, But Nick is already confused enough with the Brazilian labor laws. I was just trying to find an explanation for the "double overtime". If we start explaining all this mess to him, we'll end up visiting him at the hospital!
Martin Riordan Mar 8, 2014:
@ Mario As you say, overtime is paid at at least 50% more than the normal rate but this is true no matter when the overtime is worked during the day (art. 7o, XVI, CF). Normally it is worked immediately after working normal hours (8 or 6 or other, depending on profession), which can be at any time during the day, ex. from 2pm to 10pm. Working this shift, the hours from 6pm to 10pm would not be overtime hours, they are part of the normal 8-hour shift.

Night work, for urban workers, is from 10pm to 5am and must be paid at a rate 20% higher than normal rate. And, every 52.5 minutes counts as an hour! For rural workers, different hours count as night work, depending on whether they are milking a cow or ploughing. As I said below, a total nightmare and disaster...
Mario Freitas Mar 8, 2014:
Double overtime, In Brazil, overtime is paid at 150% from 6:00 pm to 10:00 pm, from 6:00 am to 8:00 am, and Saturdays after noon. From 10:00 pm to 6:00 am, on Sundays and holidays, it's paid at 200% (double). So it could be the author is calling the latter "double overtime", but it's just a guess.
Nick Taylor (asker) Mar 7, 2014:
Double overtime Does this mean overtime hours in addition to "overtime" day?
Nick Taylor (asker) Mar 7, 2014:
OK, thanks for the insight. It is a technician from abroad working in Brasil on a contract. As for PPU I still have to find out what that is. To me the term "overtime" generically foots the bill but having read the various posts there is obviously some underlying significance to the differences, so thanks everyone for your help.
Martin Riordan Mar 5, 2014:
técnico expatriado Do we know if we are talking about a Brazilian technician working abroad or a foreign technician working in Brazil? I was unable to determine this from the context given. Without knowing this, we cannot know which legislation applies, and therefore it is impossible to define which expat contracts might be applicable and whether they are valid under the undefined legislation.
Mario Freitas Mar 5, 2014:
@ Nick, Could you post item 7.3.3. for us, so we can be sure if it's about service remuneration or allowances? Thank you.
Mario Freitas Mar 5, 2014:
Hourly rate for service, Daily rate for allowances Expat contracts are executed as follows:
a) Services are remunerated at an hourly rate, with a daily limit (usually 10 h/day and/or 60 h/week). Anything beyond this has to be authorized by the Client and will be paid as "overtime".
b) Allowances and fringe benefits are paid on a daily or monthly basis, depending on its nature. E.g. Living allowance is a monthly pay. Meals and transportation are a daily allowance (called "Diária" in Portuguese). If the expact works in a non-business day (Sunday or official holiday), he is entitled to the "Diária Extra", that is, an additional allowance.
Now, it could be this specific contract is paid per day (diária) instead of hours.
Martin Riordan Mar 5, 2014:
Este serviço será pago por hora conforme item 3.3 The text says "Este serviço será pago por hora conforme item 3.3 da PPU." If it is paid per hour, it is not a daily allowance but rather an hourly rate, as defined in item 3.3. That is why I think it refers to the extra overtime hours worked beyond the overtime hours established in the individual employment contract.

However, Nick's question is about "diária extra" and the text makes it clear that this is overtime. It makes specific reference to "diária normal" and "diária extra", both quantified in hours. So "diária extra" must be the hours worked in excess of the "diária normal", which is overtime.
Mario Freitas Mar 5, 2014:
Not overtime, The text clearly states the "hora extra" (overtime) is paid to the expat in addition to what is defined above as "diária normal" (regular shift allowance) AND diária extra (additional allowance), so a difference must be made between overtime and additional shift in this case. Diária is the daily allowance paid to the expats for regular business days, like transportation and meals.

Proposed translations

+2
6 minutos
Selected

overtime

You don't give many details but, if this employee was contracted in Brazil, he will have an individual employment contract which will define how many overtime hours he can work. Your text seems to refer to hours beyond the normal and overtime hours, which is a valid concept under Brazilian Labour law. Normally, such eventual extra overtime hours would be paid at overtime rate, unless there is a specific agreement, which there is in this case (item 3.3 da PPU).

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Note added at 11 mins (2014-03-05 12:45:19 GMT)
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Brazilian labour legislation, which is extensive, gets a bit lost in its terminology. Overtime hours are referred to as "hora extra", "hora extraordinária", "diária extra", "jornada extraordinária", etc. After all, the core legislation is from 1943 and language (and society) has changed since then. It's a complete mess, a total disaster!

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Note added at 2 days15 hrs (2014-03-08 03:46:00 GMT)
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Nick, your text refers to "diária normal", which is normal hours, and "diária extra", which is overtime. But it also talks about "Hora de serviço trabalhada pelo técnico expatriado além do período definido acima como Diária normal e Diária extra."

So we are now talking about a third kind of hour, not normal nor overtime, and, as you say, you need to find a name for this third kind. What about "excess overtime" or "extraordinary overtime"?
Peer comment(s):

agree profcamilla
5 horas
Obrigado, Camilla!
agree Ena Smith
10 horas
Obrigado, Ena!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Sufficiently generic. Thanks Martin"
12 minutos

Overtime payment

It seems to be talking about the payment, meaning:
Diaria normal: Standard payment
Diária extra: Overtime payment

The difference is that overtime refers to some extra hours, whereas refers to a whole extra day. Like if the worker is supposed to work 8 hours a day, the 'diária extra' would mean 8 more hours of work, which reflects in a payment increase.

Hope it helps.
Something went wrong...
2 horas

additional allowance / additional shift allowance

Suggestion (see discussion).
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