Practice Areas

Labor

Labor relations represent an important source of litigation and liabilities for companies. MAZZUCCO & MELLO ADVOGADOS advises its clients on contentious, consultative, strategic and business labor matters, with the following activities being highlighted:

  • Conducting client defense in labor claims;
  • Acting in public civil actions, collective actions and collective disputes;
  • Acting in administrative procedures of the Ministry of Labor and Employment;
  • Assistance for monitoring labor inspections;
  • Acting before the Public Ministry of Labor in preparatory procedures and civil inquiries;
  • Management of a portfolio of legal and administrative processes with presentation of management reports and indicators (KPI) aimed at containing new demands and costs;
  • Creation and implementation of agreement strategies and other measures aimed at reducing costs and the number of processes;
  • Structuring executive compensation, stock option plans;
  • Labor compliance;
  • Labor consultancy;
  • Negotiation of collective agreements with workers' unions;
  • Advice on closing activities or collective dismissals in accordance with legislation.

Experience

Experience

Defense of an Automotive Parts Company in an Employment Relationship Action in the Labor Court

Recognition of the incompetence of the labor court to judge similar actions. We acted in the defense of a company...

Support for Telemarketing Company in Response to MPT Official Letters and Inquiries amidst the COVID-19 Health Crisis

Legal support for the continuity of operations amid inspections by the Ministry of Labor and Employment, City Halls...

Team

Team

Partner
Arbitration and Mediation, Civil Litigation, Labor
Associate
Labor
Associated
Labor
Associated
Labor
Associated
Labor
Associated
Labor
Associated
Labor

Updates

Updates

The Controversy over the Payment of Court Costs and Appeal Deposits: Who can make these payments in labor court?

For an appeal to be heard by the Court, it is essential to pay the court costs and the appeal deposit,...

Surety Bond: A viable solution for companies facing recourse deposits and cash court guarantees

Recently, the office addressed in one of its publications the update of the judicial deposit values made available by...

News

News

Sanctioned Law making November 20th (Black Consciousness) a national holiday by the President of the Republic

By Fabiana Aparecida da Silva President Luiz Inacio Lula da Silva sanctioned this Wednesday (21) the law...

MTE Ordinance brings new rules and requires attention to detail

By Rafael Mello and Israel Cruz The Ministry of Labor and Employment (MTE) published Ordinance 3,784 MTE,...

Limits on compensation for moral damages are parameters, not ceilings

By Rafael Mello and Israel Cruz The Federal Supreme Court (STF), in which the majority of ministers determined...

E-Social: Labor Processes must be reported in the system from October

By Rafael Mello and Israel Cruz As of October 1, 2023, social security contributions and...

Performance before the Public Ministry of Labor

  • Defense of the Brazilian company, a national leader in the cosmetics sector, before the Labor Prosecutor's Office in preparatory procedures, civil inquiries and public civil actions covering matters such as filling PCD quotas, apprentices and lack of adequate workday control.

Labor Compliance

  • Opinion on labor aspects within the context of a general compliance program for a Brazilian association of chemical industry companies.

Labor Legal Consulting

  • Labor legal consultancy for an association of companies in the personal hygiene and cosmetics sector.
  • Labor consultancy for internal labor issues and labor relations in favor of a union body dedicated to market and cost of living research.
  • Advice on the termination of company executives, preparation of agreement and termination terms and legal opinion for legal compliance in such acts for a world-leading company in the concrete formwork civil construction sector.
  • Advising a Brazilian company in the plastics industry on the termination of company executives, drafting of agreement and termination terms and legal opinion for legal compliance in such acts.
  • Acting as a speaker and consultant on labor matters of interest to the human resources committee of the national pharmaceutical industry union.
  • Labor consultancy aimed at mitigating risks arising from the provision of company administration services in a pre-recovery situation, in favor of a financial consultancy company.
  • Labor consultancy services for infrastructure and heavy construction companies, for human resources issues, negotiations and interactions with unions, drafting of contracts for service providers and executives, as well as advice on complex situations such as workplace accidents in infrastructure works that result in victims.
  • Consulting services to a BPO service provider company in a case involving the State Public Prosecutor's Office of Minas Gerais and a rare disease and serious health condition of an employee (without a mobile ICU, the person will die in a few days), aiming to balance the obligations imposed on the company to support the employee's life with the cost of the mobile ICU and the financial conditions of the company in the process of judicial recovery.

Labor Consulting for Work Visas and Recruitment of Expatriates

  • Consultations on expatriates, executive compensation and formatting of structure for obtaining executive visas in favor of the largest business group in the world in the civil and military aviation sector.

Recovery Labor Consulting

  • Labor consultancy related to issues arising from the judicial recovery process in favor of a Brazilian company in the industrial lamp sector, especially involving dismissals and negotiations with the employees' union.
  • Labor consultancy related to issues arising from the judicial recovery process in favor of a Brazilian company in the plastics industry, especially involving dismissals and negotiations with the employees' union.

Labor Litigation

  • Acting to prepare defenses, appeals and hold hearings in favor of a retail company.
  • Acting to prepare defenses, appeals and hold hearings in favor of an Air Taxi company.
  • Acting to prepare defenses, appeals and hold hearings in favor of a large Brazilian public company focused on infrastructure, logistics and transportation.
  • Acting to prepare defenses, appeals and hold hearings in favor of a fuel transportation company.
  • Acting to prepare defenses, appeals and hold hearings in favor of a company in the railway sector.
  • Acting to prepare defenses, appeals and hold hearings in favor of the television station.
  • Acting to prepare defenses, appeals and hold hearings in favor of the company operating in the plastics industrial sector.
  • Acting to prepare defenses, appeals and hold hearings in favor of the concessionaire company responsible for the collection, transportation and proper disposal of household waste and recyclable materials.
  • Acting in the preparation of defenses, appeals and holding hearings in favor of a large company in the graphics sector.
  • Acting to prepare defenses, appeals and hold hearings in favor of the auto parts retailer.
  • Acting to prepare defenses, appeals and hold hearings in favor of the company providing property security and facilities services.

Volume Labor Litigation

  • Management of a portfolio of labor lawsuits with approximately 10,000 cases in favor of a business group providing outsourced services, total value involved exceeding R$$200,000,000.00, including coordination of a direct team of 7 lawyers, 2 paralegals and a team of corresponding lawyers to hold hearings.
  • Management of a portfolio of labor lawsuits with approximately 1,200 cases, in favor of the Swedish company, a world leader in asset security, with a total contingency value of over R$1,000,000.00 and defense of the thesis of non-existence of a de facto partnership with a Brazilian company that had its bankruptcy declared.

Strategic Labor Litigation

  • Conducting a high-value strategic process and requesting an employment relationship in favor of a press consultancy company, with the client at risk of having to terminate their contract with the State of São Paulo.
  • Conducting a highly complex labor lawsuit representing a Chinese company, an Asian and global leader in technology, artificial intelligence and the Internet, highlighting a request for funds from the company's first executive (CEO) in Brazil when it was still a startup, obtaining a dismissal in favor of the client. The outcome in question was one of the first judgments in Brazil to address the issue of temporary informality in the labor sphere typical of recently launched technology startups that do not even have a legal entity.
  • Management of a portfolio of 100 labor lawsuits in favor of a mattress retailer, including approximately 5 strategic lawsuits involving former employees with high-value lawsuits. Conducting hearings, oral arguments, meetings to define strategy and coordinating 7 lawyers and 2 paralegals.
  • Strategic portfolio management to avoid image risks in favor of a leading Brazilian retail company selling footwear and bags.
  • Management of a portfolio of 200 labor lawsuits in favor of a Brazilian pharmaceutical company, including approximately 25 strategic lawsuits involving former employees with high-value claims. Conducting hearings, oral arguments, meetings to define strategy and coordinating 7 lawyers and 2 paralegals.
  • Acting in 3 highly exposed, complex and high-value lawsuits in favor of a Brazilian company in the plastics industry.
  • Acting in a high-value and complex labor lawsuit in favor of shareholders and the owner of a company in the plastics sector.
  • High-value and complex expatriate case, in favor of a multinational company in the Cosmetics sector.
  • Labor action seeking recognition of an executive's relationship with an Italian telemarketing company in the context of the existence of a civil action demanding liability from the client as an administrator.
  • Filing of a labor lawsuit on behalf of a famous Brazilian artist and musician against his manager seeking recognition of an employment relationship due to the manager having appropriated the musician's copyright and having registered the band's brand in his own name with the INPI. With the pressure arising from the lawsuit, the client was successful in reaching an out-of-court settlement with the manager and even resuming his artistic activities.
  • High-exposure labor lawsuit involving the MPT and an approximate debt of R$$700,000.00 acting in favor of the hotel company. Conducting a strategy to attempt to settle the case.
  • Defense of a company in the retail sector selling sweets and cakes in a high-profile labor lawsuit involving a request for a former partner to be employed as if she were an employee. The amount involved was approximately R$$400,000.00 and implications for other corporate matters of relevance to the company.
  • Acting in the defense of a large company in the infrastructure and heavy construction sector (railways, subways, airports) in 2013 and 2014 to remove its name from the “blacklist of slave labor”, resulting in the removal of this unfair registration by obtaining a preliminary injunction in a writ of mandamus.

Labor Due Diligence

  • Labor Due Diligence for a real estate development company.
  • Labor Due Diligence in a heavy logistics company.
  • Confidential Due Diligence in all labor cases conducted by a metalworkers union in the São José do Campos region to assess values, possible misappropriation or inefficiency of the hired lawyers and the possibility of adopting other legal theories.

Strategic Management of Labor Litigation

  • Management of a portfolio of labor lawsuits in favor of a world-leading multinational company in the Telecommunications sector, with approximately 700 lawsuits, totaling R$$550,000,000.00, of which approximately R$$300,000,000.00 was contingent and classified as having a possible or probable risk of loss, in progress in several states of the Federation, including coordination of a direct team of 7 lawyers, 2 paralegals and a team of corresponding lawyers to hold hearings outside São Paulo.
  • Management of a portfolio of strategic labor lawsuits in favor of an American company in the rubber and condom industry, with approximately 7 lawsuits and an approximate contingency of R$$3,500,000.00, in progress in São Roque, including discussion on the reinstatement of employees who are members of the CIPA after the demobilization of the factory and collective negotiation for mass dismissal; Consulting for collective negotiation and closure of a factory in Alumínio with the dismissal of 90 employees and legal advice on the negotiation and handling of the most delicate legal situations (layoffs, stable employees and others).
  • Management of a portfolio of 65 labor lawsuits, including holding hearings and coordinating 2 lawyers, in favor of a company in the engineering projects sector with ongoing judicial recovery.
  • Management of a portfolio of 115 labor lawsuits on behalf of a large company and world leader in auditing, including approximately 10 strategic lawsuits involving former directors. Conducting hearings, oral arguments, meetings to define strategy and coordinating 2 lawyers.
  • Advice on the closure of the logistics company's activities in Brazil and the handling of 6 labor lawsuits in Manaus with a total risk of R$$2,000,000.00, resulting in the complete dismissal of 4 lawsuits and minimal success in 2 lawsuits with a final and total conviction of only R$$25,000.00, representing savings of R$99%.
  • Management of a portfolio of 35 strategic labor lawsuits and 200 high-value lawsuits with an approximate contingency of R$$20,000,000.00, in favor of the Brazilian company, a national leader in the cosmetics sector, in progress throughout the national territory, including holding in-person hearings, oral arguments, monitoring of consultants and former ministers for dispatches and oral arguments, research of case law guidance of each magistrate and Appeals Court Judge.
  • Management of a portfolio of labor lawsuits with approximately 200 cases, in favor of a telemarketing company, total contingency value of R$$8,200,000.00, including coordination of a direct team of 7 lawyers, 2 paralegals and a team of corresponding lawyers to hold hearings.
  • Management of a portfolio of labor lawsuits with approximately 700 cases, in favor of the Infrastructure and heavy construction company, and consortiums of which it is the leader, with a total contingency value of over R$$37,000,000.00, including coordination of a direct team of 7 lawyers, 2 paralegals and a team of corresponding lawyers to conduct hearings. Preparation of KPI management reports.

Extrajudicial Labor Negotiation for Executives

  • Negotiation of an out-of-court settlement for an executive of a business group that owns a television channel.
  • Negotiation of an out-of-court settlement for an executive in his termination with a large mobile telephony company.
  • Negotiation of an out-of-court settlement for an executive in his termination with a large, world-leading auditing company.
  • Negotiation of an out-of-court settlement for an executive upon his departure from the American toy company.
  • Advising an executive regarding contracts signed with his employer, a Dutch bank, and responsibility for assuming director duties.
  • Negotiation of an out-of-court settlement for an executive upon his departure from the American technology company.
  • Negotiation of an out-of-court settlement for an executive leaving the group of companies and franchises in the dry vehicle washing sector.

Recognition of the incompetence of the labor court to judge similar actions. We acted in the defense of a company...

Legal support for the continuity of operations amid inspections by the Ministry of Labor and Employment, City Halls...

Partner
Arbitration and Mediation, Civil Litigation, Labor
Associate
Labor
Associated
Labor
Associated
Labor
Associated
Labor
Associated
Labor
Associated
Labor

Companies that need to make judicial deposits in the Labor Court now have a new alternative to fulfill their...

The Ministry of Labor and Employment published Ordinance No. 1,707/2024 with important changes to the PAT. Now,...
Cade is investigating 33 large multinationals on suspicion of forming a cartel in the Brazilian labor market....
Law 14.992/2024 represents an important step forward for the inclusion of people with autism in the job market....

For an appeal to be heard by the Court, it is essential to pay the court costs and the appeal deposit,...

Recently, the office addressed in one of its publications the update of the judicial deposit values made available by...

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