Illegal Strike and Job Abandonment: What Companies Need to Know to Act Safely
Illegal Strike and Job Abandonment: What Companies Need to Know to Act Safely. The Superior Labor Court (TST) recently upheld the dismissal for just cause of an employee who, after participating in a strike declared illegal by the courts, refused to return to work even after being notified by the company. The […]
TST Topic 46: Suspension of the Statute of Limitations During the Pandemic Increases Labor Risks for Companies
TST Theme 46: Suspension of labor statute of limitations during the pandemic. The recent decision of the Superior Labor Court, established in the so-called Theme 46, brought an important warning to companies: the suspension of limitation periods during the Covid-19 pandemic also applies to labor lawsuits. In practice, this means that the period in which […]
Disregard of Corporate Personality: Former Partner Has Enforcement Proceedings Dismissed Due to Withdrawal Prior to the Event Giving Rise to the Debt.
Former Partner Has Enforcement Proceedings Dismissed Due to Withdrawal Prior to the Debt-Generating Event: Case Context and Incident of Disregarding Corporate Personality. A recent decision issued by the Labor Court of Paulo Afonso/BA, in a case handled by our firm defending the former partner of the defendant company, recognized the client's lack of liability in the Incident of […]
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 […]