National Conciliation Week – Registration until May 1, 2019
By Israel Cruz With the promotion of the National Council of Justice (CNJ), the Labor Courts will hold the 5th National Labor Conciliation Week between May 27, 2019 and May 31, 2019. The registration of cases for conciliation may be done directly by the Labor Court or by the parties involved. Cases that are being processed in the Regional Court of […]
Limitation of Compensation Amounts for Moral Damages in Employment Relations
By Thatiany Silva, Fabiana Aparecida da Silva, Ronny Mendes The rupture of the tailings dam in Brumadinho (MG) reignited the discussion about the limitation of moral damages introduced through Law No. 13,467/2017 (Labor Reform), more precisely by articles 223-A to 223-G, and will be addressed in the Supreme Federal Court through Direct Actions […]
Out-of-court settlements in the Labor Court
By Israel Cruz, Najla Mitre and Letícia Neves With the entry into force of Law 1.3467/2017, employees and employers now have a faster and more reliable device to solve their problems, since with the inclusion of item “f” of article 652 of the CLT, it will be up to the Labor Courts to “decide on the […]
The necessary Classification in the list of regulatory standards (NR15) of the Ministry of Labor to characterize unhealthiness.
By Letícia Cordeiro, Israel Cruz, Paola Carvalho and Najla Mitre In a recent ruling by the 1st Panel of the Superior Labor Court, published on 11/09/2018, the simple handling of cement in the activities performed by the Claimant as a bricklayer was considered to be no unhealthy activity, contrary to the expert report contained in the records, with […]
Telecommunications Law Judgment
By Israel Cruz, Paola Carvalho and Njala Mitre In a recent trial in the ARE 791932 lawsuit, the Federal Supreme Court (STF) ruled on the possibility of unrestricted outsourcing by telephone companies, a measure that recognized the violation of the plenary reservation clause by the Superior Labor Court by ruling out the applicability […]
The appeal deposit after the labor reform (Law 13,467/2017)
By Letícia Cordeiro This text aims to address the main changes brought about by the Labor Reform regarding the appeal deposit in the Labor Court. The appeal deposit has the legal nature of a guarantee of judgment, its payment is exclusively the responsibility of the Defendant, and its value is based on the country's current minimum wage […]
New Chapter in the application of IPCA to update Labor Debts
By Rafael Mello On August 4, 2015, the TST Plenary Court decided that the TR index “does not reflect the effective preservation of purchasing power” and determined the replacement of the TR index by the IPCA-e for updating labor debts from June 2009 onwards, excluding cases already paid off, a criterion that […]
Non-employee representative and the position of the Superior Labor Court
By Rafael Mello – 06/22/2018 Much has been said about the intertemporal application of the new procedural rules established by 13,467/2011, with discussions revolving around the application, or not, of such procedural rules immediately to the proceedings, regardless of whether the action was filed before the aforementioned law came into effect, that is, […]
Practical aspects, risks and opportunities of the Labor Reform that comes into force in November 2017
By Rafael Mello Law 13,467 of July 13, 2017 established a vacatio legis period of 120 days in its article 6, which means that the labor reform will come into effect on November 11, 2017. As has been reported, the labor reform proposed by law 13,467/2017 contains numerous items to change the CLT, which is why we are starting […]
The necessary classification in the list of regulatory standards (NR 15) of the Ministry of Labor to characterize unhealthiness.
In a recent ruling by the 1st Panel of the Superior Labor Court, published on 11/09/2018, the simple handling of cement in the activities performed by the Claimant as a bricklayer was considered to be no unhealthy activity, contrary to the expert report contained in the records, based on Summary 448, I, of the TST. This is because, in […]