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Labor and employment
The future of MP 905/2019 and potential changes in labor law
The deliberations and voting on the report of Executive Order (MP) No. 905/2019, scheduled for Tuesday, March 3, have motivated various discussions on the subject, especially in public hearings scheduled for this purpose. MP 905/2019 instituted the...
Areas of innovation at companies: impacts of intellectual property on labor law
It is an increasingly common trend at companies to create areas of innovation to stimulate the creativity of employees and reinvent the business model, in relation to both internal processes and flows and products and services. This initiative...
How do legislative changes on control of work hours affect the daily lives of companies and employees?
Discussions related to working hours and control thereof are extremely relevant for companies in Brazil, due to the large number of lawsuits in the Labor Courts involving the payment of overtime, a problem historically related to two factors: The...
Impact of MP 905/19 on unemployment insurance and accident assistance
Executive Order No. 905/19 (MP 905), which instituted the Green and Yellow Employment Contract, implemented various changes to unemployment insurance and accident assistance. Current unemployment insurance rules The benefit is assured for (i)...
Changes to the hiring quota for people with disabilities proposed in Bill 6,159/19
The government sent to the National Congress, on November 26th, Bill No. 6,159/19, which aims to change the rules for filling quotas reserved for people with disabilities, established by Law No. 8,213/91. The objective of the change is to make it...
TST promulgates new rule for use of surety bond in place of appeal deposit
The Labor Reform (Law No. 13,467/17) amended article 899, paragraph 11, of the Consolidated Labor Laws (CLT) to, among other things, enable the use of a judicial surety bond or bank surety to substitute for an appeal deposit, an alternative that...
MP 905/2019 changes rules regarding work on Sundays and holidays
The publication of Executive Order No. 905/2019 brought about various important impacts for employers from a practical point of view. One of the main changes is permanent authorization for work on Sundays and holidays for all categories of workers,...
MP 905/2019: changes in prior inspection, stop work orders, and halt work orders for companies
Companies no longer need to be inspected by the competent labor authority in order to begin their operations and/or undertake structural changes. Executive Order No. 905/19 (MP 905), which instituted the Green and Yellow Employment Contract,...
MP 905: Changes in trade union organization and relations
As part of our series of articles on the changes implemented by Executive Order 905/19, we highlight the following points that may affect trade union organization and relations. Negotiations for profit sharing The waiver of participation of...
Impacts of MP 905 on labor inspections.
Changes range from establishing objective inspection criteria to limiting the size of fines Executive Order (MP) No. 905, published in the Official Federal Gazette on November 12, 2019, promotes a series of changes to the Consolidated Labor Laws...
Changes brought about by MP 905/19 for bank employee working hours
In addition to instituting the Green and Yellow Employment Contract and implementing various significant changes in labor and social security laws and regulations and in the rules regarding payment of Profit Sharing, Executive Order (MP) No. 905,...
Entry into Force of Provisional Measure No. 905/2019
The rules established for the entry into force and effect of Provisional Measure No. 905/2019 are analyzed below, following the series of articles on the changes implemented by it. Although the general rule is immediate application of the new...
The main aspects of MP 905, which creates the Green and Yellow Employment Contract and implements significant changes and innovations in social security, labor, and tax law
In addition to instituting the Green and Yellow Employment Contract, Provisional Measure No. 905/19 ("MP 905"), published on Tuesday, November 12, implemented various significant changes and innovations in social security, labor, and tax law. We...
How would the recent change in California labor law affect digital platforms in Brazil if applied here?
A law passed in September by the state of California in the United States assumes that a person providing services for consideration should be considered an employee of the contracting company unless the company demonstrates that all of the...
The application of Law 5,811/72 to activities for decommissioning offshore oil rigs
There is much discussion today regarding the best ways to decommission, to deactivate, the rigs used in the oil and gas exploration and production process, as most of them are approaching or are already at the end of their useful life. The...
Developments in the public civil actions brought by the MPT against banks for imputation of liability through the chain of production
The seven public civil actions filed by the Public Labor Prosecutor’s Office (MPT) against Brazil’s main banks for alleged liability for their clients' social and environmental risks are beginning to unfold. The case actually began in 2016,...
Possible replacement of appeal deposits with judicial performance bonds in the Labor Courts
In order to encourage the creation of new jobs and inject money into the market, the Ministry of Economy plans to present a package of measures that, among other actions, authorizes the replacement of funds paid by employers as appeal deposits with...
How to safely replace an appeal deposit with a performance bond?
The Labor Reform (Law No. 13,467/17) expanded the use of judicial performance bonds in the labor sphere. Already employed to ensure enforcement due to suppletory application of the Code of Civil Procedure, it was also provided for also by the new...
TST recognizes the possibility that employees may withdraw from collective suit without agreement by the trade union
Even without the consent of the trade union, the Superior Labor Court (TST) approved requests for withdrawal by employees in a collective suit filed against two companies. The recent decision was delivered in Case No. 0010795-82.2015.5.03.0179. The...
I have been subject to a labor claim. And now, am I liable?
In prior articles, we discussed some preventive measures that startups can take to adjust their internal procedures and thereby avoid possible breaches of labor laws and regulations. Startups may, however, face labor claims filed by their former...
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