Exceptions to the double visit criterion in labor inspections – Ordinance 396/21 of the Special Secretariat for Social Security and Labor
02/01/2021 By Israel Cruz The Special Secretariat for Social Security and Labor, an agency of the Ministry of Economy, published Ordinance 396 on January 11, 2021, which aimed to establish situations incompatible with the double visit criterion. The double visit criterion is aimed at Microenterprises and Small Businesses, and is […]
Labor Prosecutor's Office advises companies on the removal of pregnant women in the context of the pandemic
01/02/2021 By Rafael Mello and Israel Cruz On 01/15/2021, the Public Ministry of Labor (“MPT”) issued technical note No. 1 of 2021 with the aim of protecting the health and providing equal opportunities at work for pregnant workers in the face of the second wave of the COVID 19 pandemic. In its note, the MPT advises companies […]
Special Secretariat for Social Security and Labor establishes that the link between COVID-19 and work can only be defined after a medical examination has been carried out
By: Rafael Mello With the aim of bringing some legal certainty to this complex period that society is experiencing, the Special Secretariat for Social Security and Labor linked to the Ministry of Economy issued Technical Note SEI No. 56376/2020/ME, which sought to guide and clarify the analysis and configuration of the link between work and COVID-19. […]
Labor court does not hold the State responsible for layoffs during the pandemic
12/18/2020 By Fabiana Aparecida da Silva According to a survey conducted by ConJur, companies from various sectors are seeking to hold the State accountable for employee layoffs due to the shutdown during the pandemic. Companies in the food, accommodation, textile and transportation sectors make up the majority of those seeking to hold the State accountable. Employers […]
Compensation for the loss of an opportunity in the labor field
12/17/2020 By Hannah Priante and Israel Cruz We have recently seen an increase in discussions within the labor courts regarding compensation for the loss of an opportunity. This issue gains greater repercussion when analyzing the issues of possible pre-contractual and post-contractual damages together. For example, candidates for a certain position in […]
Superior Labor Court Suspends Proceedings in Case of Outsourcing of Services
12/16/2020 By Rafael Mello and Isarael Cruz On 12/2/2020, the Superior Labor Court (“TST”) decided to process an incident of repetitive appeals in case no. 1000-71.2012.5.06.0018, so that the court's understanding regarding labor cases in which the legal nature of passive joint litigation in outsourcing cases is discussed is pacified […]
Analysis of the technical note from the Covid-19 working group of the Public Ministry of Labor
12/14/2020 By Rafael Mello and Leticia Cordeiro The GT COVID – 19 working group of the Public Ministry of Labor (MPT), issued on December 3, 2020, technical note no. 20/2020, with the objective of establishing sanitary and epidemiological guidelines and guidance for employers, companies, public and private entities to contain the pandemic caused by […]
Increase in labor complaints due to Covid-19
By Rafael Mello and Fabiana Aparecida da Silva Due to the COVID-19 pandemic, health reasons and the resulting state of public calamity, the daily lives of employees and employers have changed completely. With social distancing, many companies have had to reorganize themselves not only financially, but also structurally. Companies have instituted […]
Labor Department establishes the effects of suspension of employment contracts and reduction of working hours and salary on 13th salary and vacations
By Rafael Mello and Leticia Claudia Neves On 10/17/2020, the Undersecretariat of Public Labor Policies, an integral part of the Ministry of Economy, published Technical Note SEI No. 51520/2020/ME, which analyzed the effects of agreements to suspend employment contracts and proportionally reduce working hours and wages on the calculation of […]
STF determines that the incidence of contribution on a third of vacation is constitutional
By Marcelo Blecher and Rafael Mello As already reported in our newsletter last week, on August 29, 2020, the STF concluded the trial of RE 1,072,485/PR (Theme 985) and established the thesis that the collection of the contribution levied on one-third of vacation pay is legitimate and constitutional. The trial took place in the systematic […]