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Decree 10.854/21 and the Infralegal Labor Regulatory Framework

On November 10, 2021, the Federal Government published Decree No. 10,854, responsible for establishing the Permanent Program for Consolidation, Simplification and Debureaucratization of Infralegal Labor Standards and the National Labor Award. Seeking to consolidate, simplify and debureaucratize the entire infralegal labor order, the Decree (which has already been seen by several jurists such as the […]

Recent Decision of the Supreme Court with Effects on the Labor Process

In September 2021, Minister Gilmar Mendes of the Supreme Federal Court (STF), rapporteur of ARE 1,160,361, decided that the TST (Superior Labor Court) should review a question related to the liability for labor debt of a company that has not participated in the knowledge phase of the process. The theme is relevant because, in 2003, […]

Compulsory Trade Union Contribution?

Law No. 13,467/2017 (Labor Reform) promoted significant changes in the labor legal system, repealing and amending several articles of the CLT text. One of the most discussed and controversial changes is in the union contribution. The new wordings of Articles 578 and 582 of the CLT removed the mandatory collection of the union contribution by […]

Recreational Racism and Other Forms of Discrimination in the Workplace

In Brazil, it is very common for the most perverse forms of offense to people's dignity to be "camouflaged" (or attenuated) by humor. Whether on television, in films and series, or in comedy shows, it is very common for minority groups to be the targets of "jokes" or the object of the laughter of offenders. […]

Gender Equity in Labor Relations

Right to vote, representation, combat harassment and violence (sexual, domestic and obstetric), guarantee of sexual freedom and reproductive rights, access to education, respect for gender diversity, race and ethnicity are some of the struggles historically fought by women to be recognized socially as subjects of rights[1]. Despite the various advances, especially the consecration in the […]

New Emergency Employment and Income Maintenance Program

On 04/28/2021, Provisional Measure No. 1,045 was published, which deals with the New Emergency Program for The Maintenance of Employment and Income, aiming to face the economic crisis caused by the continuity and worsening of the pandemic of the new coronavirus (Covid-19) in the country. The New Program renews the 2020, established by Provisional Measure No. […]

Explaining four myths about sexual harassment for labor law

Despite being a much debated topic and increasingly clarified by the information media, some important aspects regarding sexual harassment from a labor legal point of view are still misunderstood. Thus, it is necessary to clarify some basic concepts about this issue so important for employees and employers. MYTH 1: THE CONFIGURATION OF SEXUAL HARASSMENT AT […]

Early holidays in SP: how can the employer act?

Municipal Law No. 17,341, of May 18, 2020, of the city of São Paulo, provides in its article 3 that "the Executive Branch is authorized to anticipate municipal holiday, by decree, during the current public health emergency of international importance resulting from coronavirus". Based on this law, the City of São Paulo has just issued […]

Use of WhatsApp as evidence in Labor Justice

Instant messaging applications are part of any Brazilian's routine, with WhatsApp being the most widely used platform in the world. Since its creation in 2009, the application has ceased to be a mere platform for informal communication, of banal day-to-day conversations, coming to be used by many companies as a working tool. It is not […]