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 […]
Covid-19 as an occupational disease? Ordinance 2,345 of the Ministry of Health and its shortened lifespan
By Israel Cruz and Rafael Mello As previously reported, the discussion surrounding the possibility of characterizing COVID-19 as an occupational disease has already been the subject of debates, including before the Federal Supreme Court (STF), which ended up defining that it is possible to recognize the disease as an occupational disease, obviously admitting proof of absence of […]
Webinar – Health Compliance and Covid-19: Mitigating risks in company activities
Mark your calendars! Next Thursday, August 6th, at 5:00 p.m., our office will hold its first webinar in partnership with Dr. Dania Abdel Rahman, a member of the Brazilian Society of Infectious Diseases. Our partners Rafael Mello and Christian F. Rosa will lead the debate, which will address important health compliance issues for mitigating risks in healthcare activities.
Comments on articles 8 to 16 of Law 14,020/2020
07/29/2020 Our partner Rafael Mello and also a member of the Labor Law commission of the OAB of São Palo, commented on articles 8 to 16 of Law 14.020/2020, which refer to the suspension of the employment contract. Check out!
MP 936/2020 is sanctioned by the president and converted into Law 14.020/2020
By Rafael Mello and Israel Carneiro Cruz – 07/07/2020 On 06/07/2020, the President of the Republic sanctioned law 14.020/2020, which institutes the “Emergency Program for the Maintenance of Employment and Income” due to the conversion of Provisional Measure 93/2020 (MP 936/2020). As is known, MP 936/2020, now converted into law 14.020/2020, promoted changes […]
Covid-19 considered an occupational disease – possible consequences
By Rafael Mello and Israel Carneiro Cruz – 06/15/2020 The Federal Supreme Court (“STF”) is facing the trial of some Direct Actions of Unconstitutionality (“ADI”) – ADI No. 6342, ADI No. 6344, ADI No. 6346, ADI No. 6352, ADI No. 6354 and ADI No. 6375 – filed against Provisional Measure 927 of 2020 […]
Compliance and guarantee of labor execution and its contextualization in the face of Covid-19
By Rafael Mello, Fabiana Aparecida da Silva and Israel Carneiro Cruz – 05/26/2020 In light of the current economic and health crisis resulting from COVID-19, it is clear that companies have been experiencing major cash flow difficulties and challenges in their businesses that are still difficult to measure. Aiming to contribute with solutions for what may be a small […]
MP 936 OF 2020 and STF Decisions regarding the need for information to the union for the reduction of working hours or for the suspension of the employment contract
By Israel Cruz and Rafael Mello – 04/21/2020 On April 6, Minister Ricardo Lewandowski, in the proceedings of Direct Action of Unconstitutionality No. 6,363, filed by the Rede Sustentabilidade party, in a preliminary decision, determined the interpretation in accordance with the Federal Constitution of Provisional Measure 936/2020 (MP 936/2020), in the following terms: That said, based on the […]
Provisional Measure 945 OF 2020 – Labor Impacts on Port Services
By Rafael Mello and Israel Cruz – 04/14/2020 On April 4, 2020, the government issued Provisional Measure 945 (MP 945/2020), which deals with temporary measures in response to the COVID-19 pandemic in the port sector and the transfer of yards under military administration. The aforementioned MP 945/2020 prohibits the […]