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Labor and employment
How to avoid risks related to the need for employee signature on payment receipts
The head section of article 464 of the Consolidated Labor Laws (CLT) provides that "the payment of salaries shall be accompanied by a receipt, signed by the employee." The sole paragraph of this legal provision provides that "proof of deposit into...
Organized career frameworks and job and salary plans as exceptions to salary equalization
Law No. 13,467/2017, known as the Labor Reform, has been in force for more than a year, but, to date, not all of the amendments it proposed to the Consolidated Labor Laws (CLT) have been reviewed by the Labor Courts. This is the case for the...
Section 11 of the bank employees’ collective bargaining agreement: historical scope and expectations
The Labor Reform (Law No. 13,467/17) brought in various changes to labor law, especially from the point of view of collective rights. One of the most significant issues was the interest shown by the legislator in promoting collective autonomy,...
Federal Decree No. 9,571/2018 and the liability of companies for the chain of production
Federal Decree No. 9,571/2018 has been drawing the attention of companies by assuming effective legal rules on liability for the chain of production. The decree stipulates the guidelines on human rights to be adopted by Brazilian and multinational...
STF recognizes the lawfulness of outsourcing the call center service for telephone companies
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. As a practical...
Conflict in decisions by the TST on compulsory space for breastfeeding for employees of shops in malls
The need to create specific breastfeeding areas for employees of shops is a matter that has not yet been settled among the panels of the Superior Labor Court (TST). In September, over a few weeks, the court handed down judgments in diametrically...
TST recognizes validity of Collective Bargaining Agreement on alternative control of work hours
The Superior Labor Court (TST) granted relief to an appeal filed by a company seeking to recognize as valid a collective bargaining agreement that authorized the use of an alternative system for controlling work hours, in which the employee only...
Collective negotiation and easing of the rules for compliance with quotas for apprenticeships and people with disabilities.
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. Under Brazilian law, to meet their minimum...
The constitutionality of article 652, F, of the Consolidated Labor Laws
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,...
Confidentiality of information obtained during the employment contract transcends the contractual relationship
Every labor relationship is based on mutual trust between the parties. Every day, new products are created, new production techniques are implemented, and new markets are pursued. Employees have access to information that, if disclosed, may...
Decree extends possibility of hiring outsourced workers in the federal public administration
Decree No. 9,507/18, published on September 24, extends the possibility of hiring outsourced workers by the direct federal public administration and public companies and companies controlled by the Federal Government. After the judgment on the...
Discounts granted by food voucher operators represent a high risk for companies registered with the PAT
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...
Modulation of the effects of the decision by the Federal Supreme Court finding outsourcing of a company’s core business activity legal
The Federal Supreme Court (STF) recognized by a majority of votes (7 to 4)[1] the lawfulness of outsourcing companies’ core business activity. The decision by the STF was handed down with recognized general repercussion in Allegation Breach...
Use of arbitration to resolve labor disputes
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...
Reasonableness, speed, and the principle of instrumentality in current labor proceedings
“Panel rules out untimeliness of appeal related to error in identification of movant" "Company shall have time limit to bring appeal bond paid at lower amount into good standing" “Dismissal of appeal due to incomplete number in the form for...
Offenses against employer in WhatsApp conversations can establish just cause
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...
The City Statute now cites working conditions for domestic servants
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: “Article 2. Urban policy aims to order the full development of the social...
Extension of maternity leave in cases of hospitalization of newborn
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...
Labor Reform and the modification of the provision that obliged companies to provide medical care to all employees
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...
Practical application of the parameters to set fees for loss of suit
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...
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