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Labor and employment
Potential Labor and Employment Impacts of the Economic Freedom Provisional Measure
"After undergoing various changes for approval by the Chamber of Deputies on August 13, 2019, the bill arising in response to the Economic Freedom Executive Order went to vote in the Federal Senate. On August 21, 2019, the Federal Senate approved...
Startups and stock-based incentives
Share-based incentive plans are long-term mechanisms that allow employees to participate in the valuation of the company according to previously established criteria. As a rule, implementing these plans results in greater alignment of interests...
Teleworking and the possibility of employer liability for off-site accidents
With technological advances, work done at home offices or locations other than the place of business, has multiplied, which has reinforced the importance of adopting legal guidelines and measures to give greater predictability and security to...
Startups, non-compete and non-solicit obligations
In the previous article, we discussed the measures that can be taken by startups to protect their intellectual capital and the strategic information of their businesses by means confidentiality obligations and obligations relating to intellectual...
Trade Union dues after the expiry of MP 873/19
Trade union dues were created in the 1940s in order to strengthen the trade union movement. This was a mandatory amount due from the worker to the professional trade union of his category, even if he were not affiliated to it, and corresponded to...
Startups, confidentiality obligations, and intellectual property
Startups are known for developing transformative and disruptive businesses, due to the very entrepreneurial and bold essence of their founders and employees. Their three primary and valuable assets are: (i) human capital, the people who strive to...
What changes for work on Sundays and holidays with Ordinance 604/19 and the possible conversion into law of the Economic Freedom Executive Decree
The publication of Ordinance No. 604/19 of the Special Secretariat of Welfare and Labor, which deals with work on Sundays and holidays, from a practical point of view, brought in important impacts to various sectors, especially trade and tourism....
New CSJT resolution changes the daily routine of practicing labor law
Resolution No. 241 of the Superior Council of the Labor Judiciary (CSJT), in force since June 6, amends some of the rules of Resolution No. 185, bringing in important changes in the use of the Electronic Judicial Procedure (PJe). For the practice...
Brazilian Federal Revenue Service tries to restrict the concept of premium provided for in the Labor Reform and exposes companies to social security risks
Since November of 2017, when the Labor Reform established that the "premiums" are not subject to the application of labor and social security charges, much has been discussed about the Federal Revenue Service's interpretation of this concept and...
Review of the first published decisions on the new Collective Bargaining Agreement for Bank Employees
The new Collective Bargaining Agreement for Bank Employees 2018/2020 (CCT) brought in an important change by including the first paragraph in section 11,[1] which provides for offsetting between the value of the 7th and 8th hours granted as...
CMN Resolution No. 4,661: challenges in adapting EFPCs’ investments in real estate
Published in May of last year, Resolution No. 4661 of the National Monetary Council (CMN) established new guidelines for investment of funds by plans managed by private complementary pension entities (EFPC) and changed some benchmarks for the...
TST decision considers dismissal of employee with cancer discriminatory
New decision by the Superior Labor Court (TST) reopened discussions on the concept of a stigmatizing disease adopted by the labor courts. In an opinion published in April, the Justices of Subsection I Specialized in Individual Disputes (SDI-1) of...
Startups and stock option plans: turning employees into partners
Incentives linked to shares are part of the essence of the business model of startups. The most common are stock option plans, restricted stock units (RSUs), restricted shares, phantom stock, and phantom stock options. This article deals...
How to reconcile the interests of startups and their employees with the rules on control of work hours?
Startups are, by definition, the work environment of young people, a demanding public when it comes to instantaneousness in relationships and communications, an entirely flexible routine and less bureaucracy. This innovative profile makes day to...
The digitization of labor relations
To facilitate and modernize access to information related to all formal professional experiences of workers, the Ministry of Labor launched in late November of 2018 the Digital Employment Record Card, or Digital CTPS, as a free application...
Is it possible to balance informality in the workplace with certainty in hiring workers?
When one speaks of startups, one of the first things that comes to mind is the informality of the work environment compared to that of traditional businesses. Flexible work schedules and stripped-down offices, coupled with the possibility of rapid...
Lunch breaks: new theory established by the TST
Before the Labor Reform (Law No. 13,467/17), in force as of November 11, 2017, if companies did not grant a full one-hour break for meals and rest, the so-called intra-workday break, they had to pay an entire hour of overtime, even if employees had...
How to prevent your business model in the shared economy from creating unnecessary labor risks?
Startups create innovative business models. One example is the shared economy, which emerged from the broadening of the concept of the gig economy[1] (also known as the "freelancer economy"). In it, online platforms serve as a broker between...
MP 873/2019 and the inertia of trade union organizations with respect to the Labor Reform
Presidential Decree (MP) No. 873/2019, published on March 1, 2019, amended the CLT to prohibit the collection of union dues from any employees who have not given express authorization, individually and in writing to their union, following the case...
Union classification? Why is it important?
Union classification is the means by the which a company defines which union will represent its employees. Currently, only one union represents the employees of one company[1]/professional category (what we call union unity), but this may change....
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