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Labor and employment
Ebook: No means No, Period!" - understanding the new Federal Law 14,7786/23
The new Federal Law 14,786/23 establishes a protocol for preventing embarrassment and violence against women, including in the workplace. By addressing which employers and establishments are required to follow the law, this ebook highlights the...
Labor Courts and Ministry of Labor and Employment: 2023 in numbers
The year 2023 followed the trend of 2022 and, once again, there was an increase in the number of new labor lawsuits filed. Last year, 3.5 million new labor lawsuits were filed, which represents approximately 3,2% of Brazil's economically active...
Salary Transparency Report: now it is urgent
Many companies are preparing and discussing strategies and procedures for sending information to government systems for the Ministry of Labor and Employment's Salary Transparency Report. A significant number of these companies, however, have only...
Ministry of Labor and Employment clarifies issues related to the Salary Transparency Report
Today, the Ministry of Labor and Employment (MTE) provided clarifications on the Salary Transparency Report. The Report aims to assess the equality of pay and remuneration between men and women, as provided for in Law 14,611/23.[1] According to...
The conflict between the STF and the Labor Courts
The year 2023 was marked by a clash between the decisions handed down by the Labor Courts and the Federal Supreme Court (STF), especially with regard to accepting the validity of other types of employment relationships, in addition to the...
STF judges motions for clarification filed in ADI 7.222
The joint judgment of the motions for clarification filed due to omissions, contradictions, and obscurities in the preliminary injunction granted in Direct Action for Unconstitutionality 7.222 (ADI 7.222) was completed on December 18th. The ADI...
New law changes the rule on hazard pay
Published on December 22, Law 14,766/23 added another paragraph to article 193 of the Consolidated Labor Laws (CLT). This article deals with activities considered hazardous and provides for the granting of a 30% hazard premium to workers exposed to...
Myths and truths about judicial recess and vacations at the Superior Labor Court
Among other qualities, the legal community is very skilled at creating memes on social media. And there's no time of year better suited to generating memes than the so-called judicial recess. "It's already judicial recess in Australia," says a meme...
Does the employer always lose in the Labor Courts?
Whether it's on the way to the courthouse or at the indefatigable end-of-year gatherings, it's not uncommon for us to listen patiently to a cousin, brother-in-law, acquaintance, or even the cab driver himself tell the story of how he filed a labor...
Off-site working hours and when they do not apply
Since the Consolidated Labor Laws (CLT) entered into force, the chapter on working hours, in particular the limitation of working hours to eight hours per day and the payment of overtime, has included exceptions provided for in article 62 of the...
Compulsory union dues are valid. What's next?
For some it's a path backwards, for others a plot twist by the Supreme Court. The many scenes in the movie about union dues have prompted reflections - in our view necessary - about trade union funding in Brazil. Pressing the "stop" button, what...
new rules for working on public holidays for commerce
Working hours on Sundays and public holidays have been the subject of debate and updates over the last few years. In 2021, with the Infralegal Labor Regulatory Framework (Decree 10,854/21), a bill was launched to update infralegal labor rules,...
Trilogy of compulsory union dues: the new STF act
With the publication of the full decision of the Federal Supreme Court (STF) regarding the Court's new understanding of compulsory union dues, the theory is clear - or almost: the right to object is guaranteed at the meeting. However, one practical...
Duty of secrecy continues after end of employment contract
Employment relationships are characterized by a bond of trust between the employee and the employer as an intrinsic aspect of their continuity. Violation of this trust by either party can even lead to termination of the employment relationship for...
STF validates 12x36 workday by individual agreement
The Federal Supreme Court (STF) validated the 12-hour workday followed by 36 hours of rest (12x36) when agreed by individual written agreement between employer and employee. Before the Labor Reform (Law 13,467/17), this work schedule could only be...
What's new in the regulation of the Pay Equity Act?
Decree 11,795/23, published on November 24th, regulates Law 14,611/23, or the Law on Equal Pay for Women and Men. The main innovation introduced is the stipulation of the months of March and September each year for the biannual publication of the...
Regulation of the salary transparency report
The long-awaited regulation of the salary transparency report and compensation criteria, published on November 27 by the Ministry of Labor and Employment (MTE) through MTE Ordinance 3,714/23, brought in as main innovations: the definition that the...
STF resumes judgment of ADPF 488
On June 23, 2023, the Federal Supreme Court (STF) resumed the judgment of Argument of Breach of a Fundamental Precept (ADPF) 488, regarding the inclusion of companies from the same economic group in labor executions. ADPF 488 was filed on October...
Labor Reform and taxation
The Labor Reform (Law 13.467/17) changed, among other points, rules on the breaks for rest and feeding during the working day. Before the Labor Reform, in force since November 11, 2017, there were discussions about whether the payment resulting...
eSocial’s Labor lawsuit events are postponed again
Scheduled for July 1, 2023, the deadline for the entry into production of eSocial labor lawsuit events was again postponed, as the Federal Government reported in a note issued on June 30, without the definition of a new date. In addition to...
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