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Labor and employment
Features and tax incentives for cultural vouchers
Law No. 12,761/2012 established the Worker Culture Program and created the cultural voucher, which was later given a regulatory framework by Decree No. 8,084/2013 and establishes that joining the program and granting this benefit are optional for...
Labor reform: new rules for the defense of lack of territorial jurisdiction in the Labor Courts
Territorial jurisdiction in the Labor Courts, that is, the place where the labor claim must be filed, is defined based on the location of the provision of services, with the two exceptions provided for in paragraphs 1 and 2 of article 651 of the...
New concept of economic group under labor law: more legal certainty for companies?
Law No. 13,467/2017 amended article 2 of the Consolidated Labor Laws (CLT), which deals with the concept of an economic group, and included paragraph 3 which expressly states that the mere identity of partners does not constitute an economic group....
Does the new Outsourcing Law apply to relations concluded prior to its enactment?
The new Outsourcing Law (13,429/2017) allowed for the hiring of third parties for all types of services, including those related to a company’s core business activity,[i] but application of the law is raising questions. For example, does it apply...
Negotiations over legislative mandates and possible limitations on the Labor Reform
Among its main pillars, the Labor Reform sought to a) clarify controversies regarding the concept of time at the disposal of the employer; b) give greater autonomy to workers; c) debureaucratize some mandatory procedures for companies; and d)...
Time cards: to sign or not to sign?
The need to control workers' workdays in Brazil is established by article 74, paragraph 2, of the Consolidated Labor Laws - CLT, according to which the recording of arrival and departure, also known as time cards, is mandatory in establishments...
The Labor Reform and Clawback clause for Executives of publicly traded corporations
The entry into force of Law No. 13,467/2017 (Labor Reform) brings to light a debate already widespread in the US, but very little discussed here in Brazil: the application and enforceability of the clawback clause in employment contracts for...
Labor Reform: does the new concept of reward imply reduction in charges on bonuses?
Much has been debated whether, with the Labor Reform, the annual bonuses paid by companies have ceased to be part of the remuneration of their employees for the purposes of calculating employment and social security charges. This is due to changes...
Use of WhatsApp as a tool for communication in the Judiciary
In considering the use of the application WhatsApp for procedural summons as valid, the National Justice Council (CNJ) has set an important precedent for using this tool for communication in all courts in Brazil. The decision was reached in the...
What changes will the Labor Reform bring?
DOWNLOAD THE E-BOOK WITH ALL ASPECTS THAT WILL BE CHANGED ONCE THE LABOR REFORM BECOMES EFFECTIVE After approximately 2 months and 178 amendment requests, the Brazilian Senate approved the labor reform bill of law last Tuesday (07/11/2017) without...
Limitation on the number of trade union leaders with provisional stability
Both the Federal Constitution (article 8, item VIII) and the Consolidated Labor Laws - CLT (article 543, paragraph 3) grant protection to employees who are union leaders through the benefit of provisional stability, from the time of the employee’s candidacy until one year after the end of employee’s term of office.
Ministry defines industries that may meet apprenticeship quotas in an alternative way
Many companies face practical difficulties and legal uncertainty in meeting the requirement to hire the minimum quota of young apprentices. This happens especially in industries whose activities are classified as hazardous or dangerous by the...
Limitation on the use of WhatsApp in employment relationships
Few employers realize that exchanging messages via WhatsApp can be used as evidence in a labor claim. The use of this mechanism has already been accepted, including to prove that the company is able to monitor at a distance the work schedule of an...
Possible changes in the Labor Reform for activities in hazardous environments
Employers wishing to extend the employee's working day in an environment deemed hazardous must have authorization from the Ministry of Labor (MTB), issued only after inspection and analysis of the application, in addition to complying with a series...
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