Tagged with: Labor and employment

When analyzing the development of new legislation over the world, it is possible to verify that there is a global trend to create different types of flexible working engagements to allow new forms of work on demand. These new working arrangements...

Since the enactment of the Labor Reform (Law No. 13,467/2017, effective as of November 11, 2017), there has been much debate about the possibility of applying the changes in the rules of substantive law to employment agreements entered into before...

Diseases that give rise to social stigma are a subject that is not much debated but which is extremely delicate and relevant. In 2012, the Superior Labor Court (TST) issued the precedent No. 443, which states as follows: "The dismissal of an...

The National Association of Magistrates of the Labor Courts (Anamatra) has approved the legal theory that Law No. 13467/2017 (the Labor Reform) should only prevail for lawsuits and employment contracts initiated after November 11, 2017, when the new...

The Specialized Collective Dispute Division (SDC) of the Superior Labor Court (TST) authorized the Brazilian Post Office to collect from its employees’ monthly pay and co-share payment for their health plan (at the rate of 30%, provided that it...

The Federal Attorney General’s Office (AGU) opined that Law No. 13,467/2017 (the Labor Reform) was constitutional as regards its amendments to articles 578, 579, and 582 of the Consolidated Labor Laws. Subjected to various criticisms, the new...

The rapid expansion of social networks has provoked important debates about the consequences and limits of freedom of expression. With the popularization of the use of smartphones, networks like Facebook, Twitter, Instagram, WhatsApp, Snapchat, and...

Law No. 9,656/98 assures ex-employees dismissed without cause or for retirement the right to remain in the health plan offered by their former employers. For this, it is necessary that the workers expressly manifest their will and have contributed...

The Labor Reform (Law No. 13,467/17) extended the jurisdiction of the Labor Courts to include in its list of duties decisions on ratification of out-of-court settlements (article 652, item IV, letter "f", of the Consolidated Labor Laws), based on...

Faced with the most varied of controversies that involved not only its enactment, but also its application in substantive and procedural law, the entry into force of Law No. 13,467/2017 (the Labor Reform) is today an inexhaustible source of debate...

Law No. 13,467/2017 (the Labor Reform) eliminated the obligatory nature of ratification of termination of employment contracts by the trade union representing the category or the Ministry of Labor and Social Security (MTPS) for employees with more...

One of the main and most important changes promoted by Law No. 13,467 (Labor Reform) is the distinction between two categories of workers: the hyposufficient and the hypersufficient. According to the prevailing understanding in the Brazilian Labor...

One of the most striking and controversial changes promoted by Law No. 13,467/1207 (Labor Reform), later complemented by Presidential Decree No. 808, was the end of the obligation to pay union contributions. Also called the union tax, this...

Yesterday, November 30, the Government published a new implementation schedule for eSocial, created by the Management Committee. The main purpose of the rules is to facilitate the implementation of the system by employers and to give greater...

On November 14, 2017, three days after the Labor and Employment Reform coming into effect, President Michel Temer issued a Provisional Measure amending the original bill sanctioned on July 14th, 2017. Complying with the commitment assumed during...

Ordinance No. 1,129 of the Ministry of Labor and Employment (MTE) has caused real upheaval. On the one hand, the new rules have received praise, since they have abandoned inaccurate definitions from the previous rules, conferring on market players...

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...

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...

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....

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...

Labor and employment

Brazil introduces the intermittent contracts of employment: an analysis of the challenges and advantages of this new form of engagement

Application of the Labor Reform to employment agreements prior to November 11, 2017: violation of accrued right?

Serious illnesses that cause stigma or prejudice and the employment relationship - job security?

Why we understand that the Labor Reform applies to all employment contracts

TST decides on change in the rules for paying Post Office health plans

Federal Attorney General’s Office considers constitutional change to union contribution

The limits of freedom of expression in the use of social networks and possible impacts on employment contracts

The Labor Courts’ lack of jurisdiction to adjudicate actions involving health plans maintained after termination of employment

Specific guidelines for requests for ratification of out-of-court settlements in São Paulo

The Labor Reform and Attorneys’ Fees for Loss of Suit

The end of ratification of termination of employment and the new procedures for collection of FGTS

Do hypersufficient workers can have reduction in their salaries?

Labor Reform also exempts companies from paying union contributions

New eSocial implementation schedule released

Labor and Employment Reform is ammended by Provisional Measure issued three days after coming into effect

Impacts from the suspension of the new Slavery Ordinance

Features and tax incentives for cultural vouchers

Labor reform: new rules for the defense of lack of territorial jurisdiction in the Labor Courts

New concept of economic group under labor law: more legal certainty for companies?

Does the new Outsourcing Law apply to relations concluded prior to its enactment?

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