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 […]
Differences Between Medical Certificates and Attendance Statements: What You Need to Know
In employment relationships, situations of absence due to health reasons are common, but it is essential that employers and employees understand the differences between medical certificates and attendance statements, since these documents have different purposes and legal effects. A medical certificate is issued by a qualified professional and proves the employee’s incapacity […]
Procedural implications of employee geolocation monitoring
In a recent decision by the Labor Court of Embu das Artes-SP, a worker was ordered to pay fines for bad faith litigation and an act that undermined the dignity of the courts. The case involved a complaint about overtime, where the plaintiff alleged that, after clocking in, he continued to perform his duties. However, a detailed investigation, […]
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) […]
