PEC to End the 6x1 Work Schedule: Understand the Current Stage
PEC to End the 6x1 Work Schedule: Understand the Current Stage A proposed amendment to the Constitution that alters Article 7 of the Federal Constitution to reduce the maximum weekly working hours and eliminate the so-called 6x1 schedule (six days of work followed by one day of rest) is currently being processed in the National Congress. The text was approved by the Chamber of Deputies […]
Bad faith litigation in Labor Courts: when distortion of facts leads to penalties for the plaintiff.
A recent decision issued by the 17th Labor Court of São Paulo, in a case handled by our firm in defense of the defendant company, reinforces a point that is increasingly relevant for companies facing labor lawsuits: the Labor Courts have not tolerated the deliberate alteration of the truth of the facts, applying express penalties for malicious litigation […]
Criteria for Recognition of Economic Group: Analysis of Recent TST Decision
Within the scope of legal relations prior to the Labor Reform (Law 13,467/2017), the consolidated jurisprudence of the Superior Labor Court (TST) highlights that, in order for an economic group to be recognized, it is essential to prove hierarchical subordination between the companies involved, with the demonstration of effective control by a leading company over the […]
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 […]
Disregard of legal personality in the labor sphere
With the advent of Law No. 13,467 of July 13, 2017, article “855-A” was introduced into the Consolidation of Labor Laws – CLT, which came to regulate the use of the Incident of Disregard of Legal Personality – IDPJ in labor executions. Despite the aforementioned article “855-A” of the CLT determining […]