MTE Ordinance brings new rules and requires attention to detail
By Rafael Mello and Israel Cruz The Ministry of Labor and Employment (MTE) published Ordinance 3,784 MTE, effective January 2, 2024, introducing significant changes to labor legislation. This ordinance revises and updates Ordinance 671 MTP of 2021, covering important aspects of labor inspection. One of the main changes […]
12×36 working hours for caregivers and the absence of a written agreement
By Rafael Mello and Fabiana Aparecida da Silva In a recent decision, the 6th panel of the TST, by unanimous vote when judging the appeal in the appeal for review in case no. RR-389-45.2018.5.21.0001, granted overtime during the period in which the daily and weekly limit of the domestic employee's working hours was exceeded, for two caregivers […]
MTE Ordinance No. 3,714: New guidelines for equal pay
By Rafael Mello and Israel Cruz Ordinance MTE No. 3,714 of November 24, 2023, was published, regulating Decree No. 11,795/2023. This decree is a milestone for equal pay and remuneration criteria. The ordinance outlines specific administrative procedures for the actions of the Ministry of Labor and Employment, focusing on mechanisms […]
Ministry of Health includes 165 new occupational diseases in the official list
By Rafael Mello and Israel Cruz The Ministry of Health published this Wednesday (11/29/2023) an ordinance that included 165 new pathologies in the list of work-related diseases, as published in the “Diário Oficial da União”. With this inclusion, the number of recognized diagnostic codes increases from 182 to 347. This update reflects a growing […]
Limits on compensation for moral damages are parameters, not ceilings
By Rafael Mello and Israel Cruz The Brazilian Supreme Court (STF), in which the majority of ministers determined that labor compensation for moral damages may exceed the limit established in the Consolidation of Labor Laws (CLT). The prevailing interpretation was that the amounts determined by the legislation serve as a guide, and not […]
E-Social: Labor Processes must be reported in the system from October
By Rafael Mello and Israel Cruz As of October 1, 2023, social security and social contributions resulting from convictions or approvals issued by the Labor Court must be recorded in eSocial and confessed in DCTFWeb – Labor Complaints. It is worth mentioning that this date was confirmed by the Brazilian Federal Revenue Service (RFB) […]
São Paulo Court Denies Employment Relationship Between 99 and Drivers.
By: Rafael Mello and Israel Cruz In a significant decision for the ride-hailing sector, the 72nd Labor Court of São Paulo, when judging a Public Civil Action filed by the Labor Prosecutor's Office (MPT) against 99, decided that there is no employment relationship between the ride-hailing company and […]
The Supreme Federal Court confirms Brazil's withdrawal from ILO Convention 158 and validates the possibility of dismissal without cause.
By: Rafael Mello and Israel Cruz In a historic decision, the Brazilian Supreme Court (STF) validated Brazil’s withdrawal from Convention 158 of the International Labor Organization (ILO). The decision was made in a trial that lasted 26 years, marked by several requests for review. ILO Convention 158, of which […]
Supreme Federal Court Suspends Labor Proceedings Involving Economic Groups
By: Rafael Mello and Israel Cruz Minister Dias Toffoli, of the Federal Supreme Court (STF), decided to suspend the progress of all proceedings that deal with the inclusion of companies from the same economic group, in the execution phase of the labor conviction, that did not participate in the evidence production and judgment phase. This decision was […]
The evolution of CIPA+A for harassment prevention
By: Rafael Mello and Leticia Cordeiro After May 1st, we highlight what appears to be an effective evolution in our legal system and aims to implement mechanisms to prevent harassment of women in the workplace. It is not yet known whether the initiative will bring about an effective improvement in this problem that is […]