With the enactment of Federal Law No. 13,467/2017 (the Labor Reform), various provisions of the Consolidated Labor Laws (CLT) have undergone significant changes, and a number of them have been incorporated into social security legislation through specific adjustments in Federal Law No. 8,212/91. Among the topics common to both universes, the controversy over the legal nature and the form of medical care granted by the company to its employees deserves special mention.
In August of this year, the Federal Supreme Court (STF) ruled that outsourcing is lawful in all stages of the production process, be it ancillary or main activities, in deciding Argument of Breach of a Basic Precept (ADPF) No. 324.
One of the greatest labor challenges facing the Brazilian business community today is compliance with the minimum quotas for the hiring of apprentices and people with disabilities or rehabilitated workers.
Since the enactment of the Labor Reform (Law No. 13,467/2017, effective as of November 11, 2017), there has been much debate about the possibility of applying the changes in the rules of substantive law to employment agreements entered into before the Reform.
Law No. 13,467/17 (the Labor Reform) inserted article 652, f, into the Consolidated Labor Laws (CLT), thus expanding the jurisdiction of the Labor Courts to decide on the ratification of extrajudicial settlements. However, even with this change, parties (companies and workers) are having difficulty having these settlements ratified at trial level, since the judges allege the supposed unconstitutionality of article 652, f, of the CLT.
Ordinance No. 1,287/2017, published in December by the Ministry of Labor, prohibits the granting of a "negative service fee" under the Worker's Food Program (PAT). This fee represents a discount granted by meal and food card operators as a way to become more competitive and attract customers. In practice, the purchasing company acquires a monthly credit to be distributed via cards to its employees, but disburses a smaller amount due to the discount granted.
The Federal Supreme Court (STF) recognized by a majority of votes (7 to 4)[1] the lawfulness of outsourcing companies’ core business activity.
Article 507-A of the Consolidated Labor Laws (CLT), included by the Labor Reform (Law No. 13,467/2017), stipulated that, for employees whose remuneration exceeds twice the ceiling of the General Social Security Regime (RGPS), it will be possible to enter into arbitration agreements, provided that it is per their own initiative or their express agreement, under the terms established in Law No. 9,307/1996 (Arbitration Law).
Law No. 13,699/2018, published on August 2, amended article 2 of Law No. 10,257/2001 (the City Statute) so as to refer to conditions applicable to domestic workers:
Every day, about 60 billion messages are sent on WhatsApp, an application that reached the mark of 1.5 billion active users per month this year.[1] In Brazil, the instant messenger reached 120 million users about a year ago, equivalent to more than half of the country's inhabitants. Parallel to this rapid spreading in recent years, there has been a significant increase in dismissals due to the improper use of software in Brazil due to the tenuous line between their use in private and professional life.
All of the excerpts transcribed above have been circulated in the news section on the website of the Superior Labor Court (TST) in recent months. The professionals who have been litigating in the Labor Courts for some time know that decisions favoring greater reasonableness and flexibility in the application of procedural law were not common.
Recent news articles published on the internet have raised doubts among companies about the obligation under the Consolidated Labor Laws (CLT) to extend maternity leave of employees in the event of hospitalization of the newborn, but in fact they referred to decisions rendered in favor of public servants, and not employees covered by the CLT.