Appeal Deposit: New Limits in Labor Courts Effective August 1st
Appeal Deposit: New Ceilings in Labor Courts Effective August 1st. Updated by the INPC (National Consumer Price Index), the limits are now R$ 14,411.57 for Ordinary Appeals and R$ 28,823.14 for Appeals to the Superior Labor Court, Appeals for Clarification, and Appeals in Rescissory Actions. The adjustment is approximately 4.33%. They came into effect on August 1st […]
Quotas and Diversity: Legal Challenges in Implementing Inclusion Policies (People with Disabilities and Apprentices)
Quotas and Diversity: Legal Challenges in Implementing Inclusion Policies (People with Disabilities and Apprentices) Diversity has definitively entered the agenda of Brazilian companies, but it is worth remembering that a large part of this agenda is not optional. Legislation imposes two concrete inclusion obligations: the quota for people with disabilities and rehabilitated individuals, as stipulated in article […]
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 […]
Judicial Surety Bond: Formal Rigor Resumed
Judicial Guarantee Insurance: Formal Rigor Reinstated. The SBDI-1 (Specialized Section for Individual Labor Disputes) clarifies: registration of the policy with SUSEP (Superintendence of Private Insurance) must be proven at the time the appeal is filed. Subsequent regularization is not possible. What was under debate? The defendant company replaced the appeal deposit with judicial guarantee insurance when filing its appeal—a practice permitted by art. […]
TST Topic 41: Payment of Court Costs and Appeal Deposits by Third Parties — What are the Impacts for Companies?
What was decided in TST Case 41? A recent decision by the Superior Labor Court, in the judgment of the so-called Case 41, consolidated an understanding relevant to labor law proceedings: the payment of court costs and appeal deposits by third parties is valid. In other words, the Court began to admit that the preparation of 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 […]
Working on holidays in retail: New rules require collective bargaining and increase labor risks.
Ministry of Labor and Employment Ordinance No. 3,665, of November 13, 2023, significantly altered the rules for working on holidays in the retail sector. The regulation revoked several permanent authorizations provided for in Annex IV of Ministry of Labor and Employment Ordinance No. 671/2021 and now requires a provision in a collective bargaining agreement (CBA) for commercial activities […]
TST (Superior Labor Court) rejects automatic liability for directors of privately held corporations: impacts and precautions for companies.
A recent decision[1] by the Superior Labor Court (TST) has sent an important signal to the business environment by rejecting the automatic liability of directors of privately held corporations in labor enforcement proceedings. The position reaffirms that the mere non-payment by the company does not, in itself, authorize the redirection of enforcement to the directors, which represents a […]
Of the 21 binding theses of the TST – from the magazine to employees in the workplace
At the beginning of this year, the Plenary of the Superior Labor Court established 21 binding theses and admitted 14 new incidents of repetitive appeals. There was also a provision for improving the wording of the theses before sending them to the ministers for final approval.
Binding understandings affirm and consolidate understandings of the Superior Court, in order to bring legal certainty to the country. All 21 binding theses published are understandings issued by the TST collegiate body, without any divergence between them.
One of the theses standardized by the TST that generated a binding understanding was addressed in RRAg 20444-44.2022.5.04.0811, concluding that the search of employees in the company does not generate moral damage, as long as it is impersonal and does not expose the employee to a humiliating situation.
Superior Labor Court (TST) Decides That Property Seizure Should Only Fall on the Debtor's Part in Labor Execution
Court rules that the seizure of property under execution should only apply to the part belonging to the debtor, ensuring the protection of the co-owner's share.