Publications
Among the changes introduced by Law No. 13,467/2017 (the Labor Reform), the introduction of fees for loss of suit (article 791-A of the Consolidated Labor Laws) has raised controversies not only regarding the timing of its application, but also its parameters for setting such fees.
On June 7, the Individual Disputes Section (SDI) of the Superior Labor Court (TST) decided to apply the three-year statute of limitations for civil suits in a suit filed by a deceased employee's family seeking damages caused by the death of the family member due to a workplace accident or occupational disease.
CAT Ordinance No. 59, published on July 6th by the State of São Paulo, governs the activities of logistics operators that store goods belonging to third-party ICMS taxpayers. Among the relevant points, we highlight:
ICMS Convention No. 51/18, published on July 5th, amended ICMS Convention No. 190/17, which governs, under the terms authorized in Complementary Law No. 160/2017, the remittance of tax credits arising from exemptions, incentives, and tax or financial-tax benefits established in disagreement with the provisions of letter "g" of item XII of paragraph 2 of article 155 of the Federal Constitution, as well as the corresponding restitutions.
Presidential Decree No. 808/2017, promulgated by President Michel Temer in order to amend sensitive points of Law No. 13,467 (the Labor Reform), lost its effectiveness on April 23, 2018, as a result of a lack of consensus among congressmen in approving conversion of the Decree into law.
Since the Labor Reform came into force in November of 2017, the number of lawsuits filed with the Labor Courts to question the mandatory discounting of union contributions has almost tripled. Between December of 2017 and May of 2018, according to information released by the Superior Labor Court (TST), 15,551 actions involving union contribution were filed.
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