Green and Yellow Employment Contract, the new hiring method
By Fabiana Aparecida da Silva and Letícia Cordeiro After provisional measure 881/2019, which became known as the “labor reform”, now also published by the Government on November 11, 2019, provisional measure 905/2019 “Green and Yellow Employment Contract”, a new contractual modality that not only has some of its own characteristics but also […]
Accidents on the way to work are no longer considered to be work accidents
By Israel Cruz On November 11, 2019, Provisional Measure 905 came into effect, revoking item “d” of section IV of article 21 of Law 8213 of 1991, which treated accidents occurring on the way from home to work or from work to home as work-related accidents, […]
Replacement of appeal deposit with surety bond
By Hannah Priante, Letícia Neves, Israel Cruz The labor reform included § 11 in article 899 of the Consolidation of Labor Laws (“CLT”), allowing the replacement of the appeal deposit with a bank guarantee or insurance guarantee. The appeal deposit is a legal obligation so that the appealing party can partially guarantee the court to file […]
Innovations regarding timekeeping brought about by the Economic Freedom Act (Law 13,874/2019)
By Letícia Cordeiro and Fabiana Silva The Economic Freedom Law No. 13,874/2019, enacted on September 20, 2019, brought changes to several areas of Law and, in particular, Labor Law, so much so that it is called by some a “mini labor reform”. The aforementioned law brought substantial changes and alterations to the provisions contained in the Consolidation of Labor Laws […]
Strict Liability of the Employer under trial at the STF
By Rafael Mello and Israel Cruz On September 4, 2019, the Brazilian Supreme Court (STF) began the trial of Extraordinary Appeal 828040 (RE 828040), which discusses the possibility of employers being held objectively liable in cases of work accidents. This matter was recognized as having repercussions according to STF theme 932: “TOPIC 932 – Possibility of objective liability […]
Repetitive Appeal Judgment: Superior Labor Court rules out the possibility of cumulating hazardous and unhealthy work allowances
By Thais Carvalho and Israel Cruz Although the topic in question already has legal provisions under §2 of article 193, included by the legislator in 1977, there has always been some legal instability and conflicting decisions on the subject. On September 26, 2019, the Specialized Subsection I for Individual Disputes (SDI-1) of the Superior Labor Court […]
The Permission for Pregnant and Breastfeeding Women to Work in Unhealthy Environments Granted by the Labor Reform Declared Unconstitutional.
By Leticia Cordeiro and Rafael Mello The labor reform instituted by law 13.467/2017 brought the possibility of lactating and pregnant women working in unhealthy environments (minimum and medium levels in the case of pregnant women and any level of unhealthiness in the case of lactating women). This possibility comes from the command inserted in items II and III of article […]
Loss of Validity of Provisional Measure No. 873
By Paola Gabriela de Carvalho Tosta On July 3, 2019, a statement signed by the President of the Senate, Davi Alcolumbre, was published in the Official Gazette of the Union regarding the loss of validity of Provisional Measure No. 873 (MP No. 873). MP No. 873 had as its purpose the prohibition of discounts on the contribution […]
Variations of up to five minutes in the intra-day break do not give rise to full payment of the rest hour
By Najla Mitre and Letícia Neves On March 25th of this year, the Superior Labor Court – TST decided in a judgment of a repetitive appeal incident that the eventual suppression of up to five minutes in the break for rest and food does not authorize the employee to receive a full hour as overtime. It is […]
Union contribution: the innovations brought by MP 873/2019
By Rafael Mello, Paola Gabriela de Carvalho Tosta, Leticia Cordeiro and Fabiana Aparecida da Silva On March 1, 2019, the Presidency of the Republic adopted Provisional Measure 873 (“MP 873”), which amended the Consolidation of Labor Laws, more specifically its articles 545, 578, 579, 579-A and 582, to give new […]