Change of understanding by the STF on the transfer of the assistance contribution and the impacts for companies
On September 11, the trial on the legality of collecting the assistance contribution from non-unionized workers came to a close. The assistance contribution, provided for in art. 513 of the CLT, is levied by unions with the aim of financing their actions and services aimed at the professional category they represent, in other words, to […]
Changes to the Workers’ Food Program
Decree 11.678/2023, which updates the Workers’ Food Program and modifies some points of Decree 10.854/2021, was published and has been in force since August 31, 2023. The Workers’ Food Program (PAT), established by Law No. 6.321/76 – as amended by Law 14.442/22, which is based on guaranteeing nutritional conditions for workers in exchange for tax […]
The impacts of the amendment to the Truck Drivers’ Law in the labor sphere
In June, the justices of the Federal Supreme Court (STF) decided, by 8 votes to 3, to strike down provisions of Law 13.103/2015, popularly known as the “Driver’s Law”, which edited the Consolidation of Labor Laws (CLT) to regulate the profession of road haulage driver, defining rights, duties and working conditions. The law establishes guidelines […]
The Labor Court and the use of geolocation as evidence
Geolocation is increasingly being used as a means of proof, to confirm the movement of the worker and the compatibility between the clock-in and the employee’s location at the same moment, in comparison to the working hours controls. Geolocation is a technology that makes it possible to track the location of a mobile device, such […]
Law passed ensuring equal pay for men and women in the same job and amending the CLT
Equal pay and the remuneration criteria applicable to men and women who perform the same job or a job of equal value is the subject of law no. 14.611/23, which was passed earlier this month on July 3, 2023 and amends the Consolidation of Labor Laws – CLT. Although considered and provided for in the […]
STF rules that employers can fire employees without just cause
The plenary session of the Federal Supreme Court (STF) validated the 1996 presidential decree that withdrew Brazil from ILO (World Labor Organization) Convention 158, which prohibits dismissals without just cause in adhering countries. The trial of the Direct Action of Unconstitutionality (ADI) 1625, which questioned the presidential veto, was prolonged for 26 years in the […]
TST changes calculation of regular overtime reflexes
The Superior Labor Court (TST) changed the understanding of Jurisprudential Guideline (OJ) 394 of Subsection I Specialized in Individual Disputes (SDI-1), which deals with the payment of regular overtime. The original wording considered it to be bis in idem (repeated payment), the increase in overtime habitually worked, with the corresponding paid weekly rest (RSR), for […]
The role of Third Party Due Diligence in containing labor risks
Internationally renowned wineries have recently had their names involved in a slave labor scandal. Approximately 207 workers were rescued from a situation analogous to slavery in Bento Gonçalves/RS, in a joint action between the Federal Highway Police (PRF), the Federal Police (PF) and the Ministry of Labor and Employment (MTE). The rescued workers were employed […]
Layoff: an alternative to face the economic crisis and avoid layoffs
The Innovation Sector is currently being impacted by mass layoffs. In December 2022, a real estate startup made its third round of staff cuts, laying off more than 300 people. Throughout the year, the layoffs have affected other large companies. In these cases, there are already those who see layoffs as a trend in startups. […]
Release of information on labor lawsuits in eSocial extended to July 1: what should you do to comply and avoid fines?
The deadline for reporting labor case data in the eSocial system has been extended to July of this year. Since the new rule came into force, this is the second extension of the deadline for the information to be entered into the system. In addition to the well-known events relating to Occupational Health and Safety, […]
