Analysis of the STF decision on outsourcing and recognition of employment relationships
Recently, Minister Cármen Lúcia, of the Federal Supreme Court (STF), overturned a decision by the 58th Labor Court of São Paulo that recognized the employment relationship between a driver and the company ETM Transporte e Logística Eireli.
The first instance decision had considered the service provision contract entered into between the company and the driver through a legal entity to be invalid, contradicting the understandings consolidated by the STF on the legality of outsourcing.
Recognition of employment relationship: STF suspends proceedings throughout the country
The Federal Supreme Court (STF) has ordered the suspension of all ongoing proceedings in the country that discuss the recognition of employment relationships in service provision contracts.
The decision was made in Extraordinary Appeal with Appeal No. 1,532,603, which discusses the legality of hiring self-employed workers or those hired through a legal entity, the jurisdiction of the Labor Court in these cases and the burden of proof regarding the allegation of fraud.
The measure aims to ensure uniformity of decisions and legal certainty, and remains valid until the final judgment on the matter.
Notifications via the Electronic Labor Domicile (DET) in Electronic Processes of Labor Violation Reports and Debt Notifications
As of October 1, 2024, all notifications related to electronic processes will be made exclusively through the Electronic Labor Domicile (DET). Therefore, it is essential that employers keep their email addresses updated and duly registered with the DET, ensuring that they receive notices about the publication of notifications in the […]
Digital CTPS Updates Position Display for More Transparency
The Digital Employment and Social Security Card (CTPS) has undergone an update that aims to ensure greater accuracy in displaying workers’ positions. Previously, the application only displayed the CBO (Brazilian Classification of Occupations) code, which did not always reflect the worker’s exact function. Now, the system displays the job description […]
Judicial Deposits in the Labor Court Can Now Be Made via PIX
Companies that need to make judicial deposits in the Labor Court now have a new alternative to fulfill their financial obligations: PIX. With the recent authorization of the Superior Labor Court (TST), it is possible to make judicial deposits directly through this instant payment system, ensuring greater agility and practicality to the process. With this new […]
Update on the Rules of the Worker Food Program (PAT): Understand Ordinance No. 1,707/2024
The Ministry of Labor and Employment published Ordinance No. 1,707/2024 with important changes to the PAT. Now, companies can no longer receive indirect benefits, such as discounts on health plans or other services, focusing exclusively on the healthy nutrition of employees. In addition, undue financial benefits in contracts with food suppliers are prohibited, and penalties for non-compliance can reach R$$ 50,000.00. Companies must review their contracts to avoid sanctions.
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 […]
Labor Prosecutor's Office advises companies on the removal of pregnant women in the context of the pandemic
01/02/2021 By Rafael Mello and Israel Cruz On 01/15/2021, the Public Ministry of Labor (“MPT”) issued technical note No. 1 of 2021 with the aim of protecting the health and providing equal opportunities at work for pregnant workers in the face of the second wave of the COVID 19 pandemic. In its note, the MPT advises companies […]