The dilemma of court guarantees for companies in judicial reorganization
The discussion about the need for companies in judicial reorganization to guarantee the court has increased in recent years in the labor sphere, the lack of legal provision and the different legal interpretations make the issue difficult to resolve in the courts. There are currently numerous divergences in case law. Some courts interpret that article […]
Should employment claims in self-employed contracts go through the ordinary courts?
A recent decision by the Superior Court of Justice (STJ) has attracted the attention of jurists and companies because it reinforces the thesis of the Federal Supreme Court (STF) that the jurisdiction to analyze the validity of contracts, including self-employed contracts, lies with the Common State Court. In the lawsuit filed with the 2nd Labor […]
General discharge clause in an out-of-court agreement: impacts of the labor courts’ understanding
The Labor Reform (Law 13.467/2017) now allows the use of voluntary jurisdiction in the Labor Courts, making it possible to ratify out-of-court agreements between the parties, aimed at settling sums related to the end of the contract between the worker and the company. Voluntary jurisdiction consists of the possibility of settling claims without litigation, i.e. […]
What about hours in itinere after the labor reform?
Rural workers’ commute: what about hours in itinere after the labor reform? Hours in itinere, or commuting hours, consist of the company’s obligation to count the time it takes employees to get to work as hours worked, in situations where the employer provides transportation and the workplace is difficult to reach. With the labor reform, […]
Rural workers’ commute: what about hours in itinere after the labor reform?
Hours in itinere (or commuting hours) consist of the company’s obligation to compute the time it takes its employee to get to work as hours actually worked, in situations where the employer provides transportation and the workplace is difficult to reach or not served by public transportation. This rule was first dealt with through Precedent […]
Workers’ opposition to union dues
The TST has begun a new phase of discussion on the procedures for worker opposition to the payment of union dues. The aim is to establish the appropriate criteria for non-unionized employees to exercise their right to oppose the payment of union dues, determining how, when and where this should happen. The trial date has […]
TST to rule on workers’ opposition to union duesTST irá decidir sobre oposição do trabalhador à contribuição sindical
In March, the Superior Labor Court (TST) began a new phase in the discussion of cases involving workers’ opposition to paying union dues. The Full Court of the TST admitted an Incident for the Resolution of Repetitive Demands (IRDR), a procedural mechanism that seeks to standardize case law, in other words, to ensure that cases […]
Retroactivity of the Labor Reform on current employment contracts
Follow the impacts of the TST ruling on the retroactivity of the Labor Reform! The Labor Reform, in force since 2017, has generated significant changes in labor relations. Now, the Superior Labor Court (TST) is about to rule on whether the reform can be applied retroactively to contracts signed before its implementation. The TST’s decision […]
Retroactivity of the labor reform on current employment contracts
In a scenario marked by legislative transformations, Law No. 13,467/2017, better known as the labor reform, has emerged as a watershed, catalyzing changes in Brazilian labor relations. It is important to explore the challenges related to the judgment of the Superior Labor Court (TST) regarding the retroactivity of this reform, analyzing the elements that govern […]
Electronic Work Domicile (DET): a new tool for communicating with companies
The Labor Electronic Domicile (DET) is a federal government system regulated by Decree 11.905/2024, which is already in operation and will be used for communication between labor inspectors and employers. According to the DET manual, its objective is to provide greater publicity and efficiency to the relationship between the Public Administration and the administered, through […]
