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Labor and employment
Paternity leave: new parameters and labor law impacts under law no. 15,371/26
Law No. 15,371/26 marks a milestone in the protection of parenthood in Brazil. The new legislation expands paternity leave, introduces the paternity benefit (salário‑paternidade), and promotes a more balanced distribution of family...
Ordinance on Holiday Work Returns as Hot Topic in the Retail Sector
After the frenzy of Christmas sales, the end of school holidays, and Carnival, MTE Ordinance 3,665/23 issued by the Ministry of Labor and Employment (MTE) is once again taking center stage. The regulation revoked the automatic authorization for...
when is a termination without cause considered discriminatory?
Precedent 443 of the Brazilian Superior Labor Court (Tribunal Superior do Trabalho – TST) consolidated the understanding that the termination of an employee who lives with HIV, or with another serious illness that gives rise to stigma or...
What to expect from Brazils labour landscape in 2026
The year 2025 will be remembered as a year of important discussions between the Brazils Federal Supreme Court (STF) and Labour Courts, particularly the Superior Labour Court (TST), on issues of great relevance to the dynamics of labour relations,...
Can employers require drug tests?
The adoption of alcohol and drug control policies in the workplace has gained traction among companies concerned with the safety of their operations in Brazil. However, the implementation of toxicological and alcohol testing still raises important...
Should the notice period paid in lieu be included in the profit-sharing calculation?
In recent years, Labor Courts of Appeals (TRTs) have ruled that the notice period paid in lieu – when the employee does not work during the notice period – should not be considered in the calculation of the pro-rata Profit-Sharing (PLR) due to...
Investigation of complaints against employees with guarantee of employment
Guarantee of employment, as provided for in various circumstances under Brazilian labor law, aims to protect employees in situations of increased vulnerability — such as those serving in roles representing workers (e.g., members of internal...
New Law for Women Quota on Boards of Directors in Brazil
Brazil’s pursuit of gender equity in the corporate environment has taken a historic step forward with the enactment of Law No. 15,177 of July 23, 2025. This new legislation mandates a minimum 30% quota for female participation on the boards of...
Are Terminated Employees Entitled to Profit Sharing (PLR)?
The 3rd Panel of the Superior Labor Court (TST) recently ruled in favor of proportional payment of Profit Sharing (Participação nos Lucros ou Resultados – PLR) to an employee who resigned during the assessment period. The decision invalidated...
Payment Institutions and TST Theme 177
Theme 177 of the Brazilian Superior Labor Court (TST) established the understanding that employees of credit card administrators fall under the professional category of “financiários” (financial sector employees). This understanding has been...
Arbitration in employment contracts as a strategic opportunity in Brazil
Arbitration has become a well-established and effective alternative method for resolving disputes, particularly in employment contracts involving executives and highly compensated professionals. This mechanism offers speed, confidentiality, and...
Companies face new risk in labor claims in Brazil
According to data from the Occupational Health and Safety Observatory[1], a project by the Labor Prosecutor’s Office (MPT) and the International Labour Organization – Brazil (ILO-Brazil), in 2024, the Brazilian Social Security (INSS) spent...
Payroll-deductible loans for employees – why should employers pay attention?
The Worker’s Credit Program, created in March 2025[1], has become a federal initiative aimed at making payroll-deductible loans more affordable for individuals engaged as employees in Brazil, for domestic workers, for rural workers, and for...
Burnout and Employer Responsibility: Is Issuing a Work Accident Report (CAT) Required?
Since the World Health Organization (WHO) officially recognized Burnout Syndrome as an occupational disease in 2022, the discussion around mental health in the workplace has gained increasing relevance in the corporate environment in Brazil. At...
MTE postpones the effective date of NR-1 new rules
Over the past months, due to the discussions led by the Federation of Commerce of Goods, Services and Tourism of the State of São Paulo (FecomercioSP), the Ministry of Labor and Employment (MTE) was considering postponing the effective date of the...
Resolution 586/24 guarantees unrestricted discharge of out-of-court settlements
The 2017 labor reform introduced Chapter III-A into the Consolidation of Labor Laws (CLT), establishing rules for voluntary jurisdiction proceedings for the approval of out-of-court settlements. Since then, both workers and employers have used this...
Is the Search of Employees' Belongings Lawful?
On February 24, the Brazilian Superior Labor Court (TST) confirmed that it is possible to search employees' belongings. This was established during the judgment of an Incident of Repetitive Appeals (IRR) – which extends the decision to all cases...
Can Third Parties Pay Court Fees and Appeal Deposits?
Continuing our series on binding precedents of the Brazilian Superior Labor Court (TST) in 2025, today we discuss the validity of court fees and appeal deposits paid by third parties unrelated to the lawsuit, as has passed the time when, to file an...
FGTS and FGTS Penalty: Can They Be Paid Directly to the Employee?
The discussion related to the direct payment of FGTS to employees has barely been standardized by the Brazilian Superior Labor Court (TST) and is already subject of controversy. Some point out that the binding precedent consolidated by the TST on...
Salary Transparency Report: are companies being monitored?
The Salary and Remuneration Criteria Transparency Law (Law 14,611/23) stipulates that companies with 100 or more employees must publish their Salary and Remuneration Criteria Transparency Reports every six months. Since the law came into force in...
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