Criteria for Recognition of Economic Group: Analysis of Recent TST Decision
Within the scope of legal relations prior to the Labor Reform (Law 13,467/2017), the consolidated jurisprudence of the Superior Labor Court (TST) highlights that, in order for an economic group to be recognized, it is essential to prove hierarchical subordination between the companies involved, with the demonstration of effective control by a leading company over the […]
BC and CVM facilitate foreign investments in the country's financial and capital markets
The CVM and the BCB published Joint Resolution No. 13 on 12/03/2024, which revokes CMN Resolution 4373 and simplifies the rules for foreign investments in the financial and securities markets. The rule aims to attract more investors, reduce costs and improve the business environment in Brazil.
The changes include the simplification of procedures, expansion of assets to back DRs, facilitation of investments via specific accounts, extension of the document retention period and adoption of risk-based criteria. The new regulations, the result of public consultation, come into effect on January 1, 2025.
Differences Between Medical Certificates and Attendance Statements: What You Need to Know
In employment relationships, situations of absence due to health reasons are common, but it is essential that employers and employees understand the differences between medical certificates and attendance statements, since these documents have different purposes and legal effects. A medical certificate is issued by a qualified professional and proves the employee’s incapacity […]
Procedural implications of employee geolocation monitoring
In a recent decision by the Labor Court of Embu das Artes-SP, a worker was ordered to pay fines for bad faith litigation and an act that undermined the dignity of the courts. The case involved a complaint about overtime, where the plaintiff alleged that, after clocking in, he continued to perform his duties. However, a detailed investigation, […]
STF Confirms Constitutionality of Intermittent Employment Contract
In the virtual plenary session, the majority of the ministers of the Federal Supreme Court (STF) voted for the constitutionality of the intermittent employment contract, a model introduced by the labor reform (Law 13,467/17). So far, seven ministers have spoken out in favor of the validity of the provision, while two others have spoken out against it, in actions that question the modality. The Intermittent Employment Model […]
Brazilian companies must assess psychosocial risks from May 2025
Starting in May 2025, all Brazilian companies will be required to include psychosocial risk assessment in their Occupational Health and Safety (OHS) management processes. This requirement is the result of the update of Regulatory Standard No. 1 (NR-1), promoted by the Ministry of Labor and Employment (MTE) in August 2024. Risks […]
Monetary Update and Interest on Labor Debts: What Should Employers Know?
In recent months, the Brazilian labor law scenario has undergone significant changes, especially with regard to monetary correction and interest applicable to labor debts. These changes directly impact employers, requiring more strategic management of labor liabilities and careful adaptation to the new rules established. TST Decision and Legislative Changes The […]
Notifications via the Electronic Labor Domicile (DET) in Electronic Processes of Labor Violation Reports and Debt Notifications
As of October 1, 2024, all notifications related to electronic processes will be made exclusively through the Electronic Labor Domicile (DET). Therefore, it is essential that employers keep their email addresses updated and duly registered with the DET, ensuring that they receive notices about the publication of notifications in the […]
TST and STF Determine Right to Fortnightly Sundays Off for Employees
The Superior Labor Court (TST) and the Federal Supreme Court (STF) have ruled in favor of the right to a fortnightly day off on Sundays for female employees. The decisions are based on article 386 of the Consolidation of Labor Laws (CLT), which establishes a specific protection rule for female workers, requiring a fortnightly rotation in cases of […]
The Chamber of Deputies recently approved Complementary Bill (PLP) 108/2024, a crucial milestone in the regulation of tax reform. This bill, which will now go to the Senate, establishes guidelines for the management and monitoring of the Tax on Goods and Services (IBS), which will replace the Tax on Circulation of Goods and Services (ICMS) (state) and the […]