Ministry of Labor postpones the validity of the rule requiring collective bargaining for work on holidays in commerce
The Ministry of Labor extended the requirement for prior collective bargaining for retail companies to operate on national holidays until March 1, 2026. The change, which particularly impacts the retail and wholesale sectors, gives companies more time to adapt to the new legal requirements.
Employer's liability: theft of belongings from a locker and the duty of safety in the workplace
A recent court ruling convicts a company of stealing personal items from an employee's locker. This case illustrates the courts' growing attention to employers' duty to provide security and guarantee the privacy of their employees (NR-24).
The award of material and moral damages was based on the failure to ensure the security of belongings and the violation of rights. Companies that provide lockers but lack adequate locking devices, or that engage in practices of breaking padlocks without replacing them, are exposed to considerable legal risks and potential investigations by the Public Prosecutor's Office (MPT).
Evaluate your company's procedures and protect yourself from future litigation.
Want to understand the implications and how to legally protect your organization? Read our full article.
Employee credit: guidance for employers on payroll deductions
MP 1,292/2025 established the Workers' Credit program, a new line of payroll loans aimed at CLT employees, domestic workers, rural workers and directors not employed with FGTS, contracted entirely digitally through the Digital Work Card application.
The installments cannot exceed 35% of the net remuneration and the worker can use up to 10% of the FGTS balance and 100% of the termination fine as collateral, while the employer must make the discounts via eSocial and collect the amounts via FGTS Digital, under penalty of civil, administrative and criminal liability.
Since March, more than 1.8 million workers have joined the program, moving around R$10 billion in credit.
NR-1 update: psychosocial factors in GRO enter the educational phase from May 2025
Starting May 26, 2025, the inclusion of psychosocial risk factors in Occupational Risk Management (ORM) will become mandatory. Initially, inspections will be for guidance only, without the imposition of fines, allowing companies to adapt to the new requirements. However, starting May 2026, failure to comply with the rules may result in citations and penalties. Mazzucco & Mello is prepared to guide its clients in the correct implementation of the new rules.
TST recognizes the validity of a collective agreement that waives timekeeping for employees with higher education
The TST recognized as valid a collective agreement clause that exempts employees with degrees from recording their time, based on the understanding of the STF (Theme 1046), which allows the flexibility of labor rights through collective bargaining — as long as it does not involve absolutely unavailable rights.
Of the 21 binding theses of the TST – from the magazine to employees in the workplace
At the beginning of this year, the Plenary of the Superior Labor Court established 21 binding theses and admitted 14 new incidents of repetitive appeals. There was also a provision for improving the wording of the theses before sending them to the ministers for final approval.
Binding understandings affirm and consolidate understandings of the Superior Court, in order to bring legal certainty to the country. All 21 binding theses published are understandings issued by the TST collegiate body, without any divergence between them.
Uma das teses uniformizadas pelo TST que gerou entendimento vinculante foi tratado no RRAg 20444-44.2022.5.04.0811, concluindo que a revista aos empregados na empresa não gera dano moral, desde que impessoal e não exposição do empregado a situação vexatória.
Of the 21 binding theses of the TST – the act of dishonesty and the validity of just cause
The Plenary of the Superior Labor Court established this Monday (24/02/2025) 21 binding theses and admitted 14 new incidents of repetitive appeals. The improvement in the wording of the theses is scheduled for the week following Carnival, before they are sent to the ministers for final approval.
Binding understandings affirm and consolidate understandings of the Superior Court, in order to bring legal certainty to the country. All 21 binding theses published are understandings issued by the TST collegiate body, without any divergence between them.
One of the theses standardized by the TST that generated a binding understanding was dealt with in RRAg 00006761-75.2023.5.04.0611, considering that the mere imputation of an act of dishonesty to the employee is not sufficient to validate dismissal for just cause.
The term for the new wording of NR-1 (Occupational Risk Management) to come into effect has been extended
This Friday (16), Ordinance MTE nº 765 was published, extending the deadline for the validity of the new wording attributed to chapter “1.5 – Occupational Risk Management” of NR-1.
The new deadline set by the MTE applies exclusively to psychosocial factors, which involve aspects such as the way work is organized, interpersonal relationships, management culture, pressures for performance and the emotional conditions to which workers are exposed. These are risks that, although not visible, cause significant impacts on the mental health of professionals, with direct repercussions on absenteeism, turnover and organizational performance.
Nosso escritório está preparado para auxiliar sua empresa na adaptação às novas regras, oferecendo consultoria para identificar riscos, desenvolver planos de ação e garantir conformidade com a norma, promovendo um ambiente de trabalho saudável e produtivo. Entre em contato para saber mais!
Binding Thesis of the TST on the refund of employee commissions in cases of default or cancellation of purchase by the customer
In the context of employment relationships and their implications on commissions paid to employees, an important binding thesis was discussed by the Superior Labor Court (TST) in case RRAg 11110-03.2023.5.03.0027. This thesis deals with a crucial issue for employers and employees who work with sales and commissions: default or cancellation of the purchase by the customer does not authorize the employer to refund the commissions already paid to the employee.
Regarding the case of the aforementioned appeal, the TST approved the statement of one of the 21 binding theses brought forward, which, in turn, affects the interpretation of labor standards applicable to commissions.
Just cause for gambling during working hours: legal analysis and consequences
The recent decision by the Regional Labor Court of the 2nd Region (TRT-2), which confirmed the dismissal for just cause of an employee caught gambling during working hours, is a strong reminder of the importance of ethics and responsibility in the workplace.