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Labor and employment
STF waives application of the Referential Rate (TR) in the updating of labor debts
Rodrigo Seizo Takano, Caroline Marchi, Andrea Giamondo Massei, and Daniel Antonio Dias When the lights went out on 2020, the plenary session of the Federal Supreme Court (STF) completed on the 18th the judgment of the lawsuits that debated the...
The new normal: remote work and cost allowance
The new coronavirus pandemic has forced many companies to review their forms of organization, with impacts on labor relations and the day-to-day lives of employees. According to data from the PNAD-Covid survey, conducted by the Brazilian Institute...
Transgenders and the use of restrooms in the work environment
Gender identification issues are receiving increasing attention, especially in the workplace, where diversity initiatives, committees, and programs are becoming more common and necessary for the debate on this relevant topic. With the growing...
STF reaffirms incompatibility of special retirement with work in a hazardous environment
Since the enactment of Law No. 9,732/98, the rule of automatic cancellation of special retirement in the event that a worker works in a hazardous environment, provided for in paragraph 8[1] of article 57 of Law No. 8,213/91. Special retirement is...
Decree 10,470/20 extends time limits for suspension of employment contracts and proportional reduction in salary and working hours
Federal Decree No. 10,470/20, published on August 25, extended the time limits for employers to suspend their employees' employment contracts or to reduce, proportionally, working hours and salaries. Created by Executive Order No. 936/2020 (later...
STJ defines which court of the Judiciary has jurisdiction to rule claims relating to health insurance plans
The 2nd Section of the Superior Court of Justice (STJ) reaffirmed the understanding that it is incumbent on the courts of common jurisdiction (Justiça Comum) to decide claims related to self-managed corporate health insurance plans, except when...
What changes with the expiration of MP 927?
With the end of the term for Executive Order No. 927 (MP 927) to be converted into law on July 19, the measures proposed in it to tackle the covid-19 pandemic can no longer be used. Published on March 22, MP 927 put into place various changes in...
The loss validity of Executive Order No. 927
With the end of the validity of Executive Order 927 (MP 927) on July 19, 2020, employers can no longer use its provisions. Within the time frame of 60 days, as of July 20, the Brazilian Congress may issue a Legislative Decree to govern any impacts...
CMN Resolution 4,820/20: prohibition on increasing the compensation of officers and directors and annual salary adjustments for financial institutions
In order to ensure the solidity, stability, and regular operation of the Brazilian Financial System, the Brazilian Monetary Council (CMN) issued Resolution No. 4,797/20 on April 7, establishing until September 30 of this year, among other issues,...
Executive Order 936/20: update from July 7, 2020 Text approved by the office of the President of Brazil
Following the procedure for approval of Executive Order 936/20 ("MP 936"), the Office of the President of Brazil sanctioned Federal Law No. 14,020/20. In spite of specific vetoes made to the text approved by Congress, President Jair Bolsonaro...
Covid-19: how to decide regarding groups of employees who will return to in-person work
With the beginning of the containment of the impacts of the coronavirus and the disclosure of plans to reopen the states in recent weeks, the protocols for resumption of in-person activities have been the focus of discussions and consideration at...
Covid-19: measures to be observed by companies when returning to activities
The Special Secretary of Social Security and Labor published, on June 18, in conjunction with the Ministry of Health, Joint Ordinance No. 20/2020, which seeks to establish minimum measures to be observed by employers to prevent, control, and...
Executive Order No. 936/20: update from June 19, 2020 Text approved by the Federal Senate
Following the procedure for conversion of Executive Order 936/20 into federal law, the Federal Senate approved the Conversion Bill (PLV) on June 16, contemplating various changes in the original text proposed by the Federal Government. The...
STF decision points to collapse of appeal deposits?
Amidst the scenario initiated by the coronavirus (covid-19) and the focus given by the Federal Supreme Court (STF) on the lawsuits directed to the issue, the Court recently decided en banc, in a virtual session, that the appeal deposit is...
Covid-19: return to business
This guide summarizes procedures that your company should follow to resume activities safely. In it, you will find information about: How to identify activities that can be resumed Prior preparation of the working environment Measures to be...
STF suspends provision of MP 927 that does not consider contamination of workers with the coronavirus to be an occupational illness
The Federal Supreme Court (STF) en banc has partially approved an in limine decision issued by Justice Marco Aurélio de Mello as reporting judge for seven Direct Unconstitutionality Suits (ADIs) filed against Executive Order No. 927/20 and...
What changes with the revocation of Executive Order 905/2019?
With the revocation of Executive Order No. 905/2019 by Executive Order No. 955, published on April 20, the changes and innovations it promoted, such as the institution of the Green and Yellow Employment Contract, were lost. According to a statement...
MP 936/20: provisional employment guarantee for workers receiving the Emergency Benefit for Preservation of Employment and Income
Executive Order No. 936 (MP 926/20), published on April 1, instituted the Emergency Program for Maintenance of Employment and Income, with the objective of reducing the social impact of the public calamity declared after the covid-19 pandemic. One...
MP 944/20 - Emergency Job Support Program
Aiming to regulate the granting of loans to employers in order to enable the payment of the payroll for their employees, on April 3, the federal government published Executive Order No. 944/20 ("MP 944"), which launches the Emergency Job Support...
MP 936: application of the emergency program for maintaining employment and income to intermittent employment contracts
As an alternative measure to tackle the current crisis scenario caused by covid-19, Executive Order No. 936/20 was published on April 1 (MP 936), which stipulates the conditions for a proportional reduction in the hours and wages of employees and...
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