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Labor and employment
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...
2024 labor retrospective
The year 2024 was marked by important decisions by the Federal Supreme Court (STF), the Superior Court of Justice (STJ), and the Superior Labor Court (TST), which promise to influence the ways in which companies hire, their decisions and practices...
Termination of employee retired due to disability
The impossibility of terminating the employment contracts of employees who have retired due to disability has proved to be a major challenge for many companies, as they are forced to keep the contract suspended without the employee providing...
New rules on remuneration policies for officers, directors, and key employees in the insurance and reinsurance industry
The year 2025 begins with some important changes for the insurance and reinsurance industry and especially for the legal and human resources departments of institutions in this sector: at the end of December 2024, the National Council of Private...
New Normative Instruction in the Salary Transparency Report: we keep missing the opportunity
Yesterday we published an article in which we analyzed why, in our opinion, the methodology used by the Ministry of Labor (MTE) to prepare salary transparency reports does not allow the Salary Transparency and Compensation Criteria Law (Law...
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