Labor and employment 522l6m
Practical application of the parameters to set fees for loss of suit 27514h
Among the changes introduced by Law No. 13,467/2017 (the Labor Reform), the introduction of fees for loss of suit (article 791-A of the Consolidated Labor Laws) has raised controversies not only regarding the timing of its application, but also its parameters for setting such fees.
TST decides to apply civil statute of limitations on claims for compensation for death of workers 726i5r
On June 7, the Individual Disputes Section (SDI) of the Superior Labor Court (TST) decided to apply the three-year statute of limitations for civil suits in a suit filed by a deceased employee's family seeking damages caused by the death of the family member due to a workplace accident or occupational disease.
With the loss of effectiveness of Presidential Decree No. 808/17, the Labor Reform comes back into force with the text as originally drafted 2a3x61
Presidential Decree No. 808/2017, promulgated by President Michel Temer in order to amend sensitive points of Law No. 13,467 (the Labor Reform), lost its effectiveness on April 23, 2018, as a result of a lack of consensus among congressmen in approving conversion of the Decree into law.
STF decides the optional union contribution instituted by the Labor Reform is constitutional 3m531r
Since the Labor Reform came into force in November of 2017, the number of lawsuits filed with the Labor Courts to question the mandatory discounting of union contributions has almost tripled. Between December of 2017 and May of 2018, according to information released by the Superior Labor Court (TST), 15,551 actions involving union contribution were filed.
Brazil introduces the intermittent contracts of employment: an analysis of the challenges and advantages of this new form of engagement 4k4p2n
When analyzing the development of new legislation over the world, it is possible to that there is a global trend to create different types of flexible working engagements to allow new forms of work on demand. These new working arrangements try to give more flexibility to employers, but also to employees, who sometimes do not want to have a full-time job.
Serious illnesses that cause stigma or prejudice and the employment relationship - job security? 4l5w13
Diseases that give rise to social stigma are a subject that is not much debated but which is extremely delicate and relevant. In 2012, the Superior Labor Court (TST) issued the precedent No. 443, which states as follows: "The dismissal of an employee that is HIV-positive or has other serious illness that causes stigma or prejudice is presumed to be discriminatory. If the act is invalid, the employee has the right to reintegration into employment."
TST decides on change in the rules for paying Post Office health plans 73224g
The Specialized Collective Dispute Division (SDC) of the Superior Labor Court (TST) authorized the Brazilian Post Office to collect from its employees’ monthly pay and co-share payment for their health plan (at the rate of 30%, provided that it does not exceed 5% of salary in the case of coinsurance payment and between 2.5% and 4.4% in the case of monthly pay, depending on the salary). In turn, spouses will pay 60% of the monthly fee. Until then, the Brazilian Post Office covered 90% of the costs of the health plan, as provided for in the collective bargaining agreements in force up to July 31, 2018.
Why we understand that the Labor Reform applies to all employment contracts 165mh
The National Association of Magistrates of the Labor Courts (Anamatra) has approved the legal theory that Law No. 13467/2017 (the Labor Reform) should only prevail for lawsuits and employment contracts initiated after November 11, 2017, when the new rules entered into force. The decision was reached on May 5, during the National Congress of Magistrates of the Labor Courts (Conamat).
The Labor Courts’ lack of jurisdiction to adjudicate actions involving health plans maintained after termination of employment 2f2k35
Law No. 9,656/98 assures ex-employees dismissed without cause or for retirement the right to remain in the health plan offered by their former employers. For this, it is necessary that the workers expressly manifest their will and have contributed monthly to the cost of the plan during the term of their employment.
Federal Attorney General’s Office considers constitutional change to union contribution u193x
The Federal Attorney General’s Office (AGU) opined that Law No. 13,467/2017 (the Labor Reform) was constitutional as regards its amendments to articles 578, 579, and 582 of the Consolidated Labor Laws.
The limits of freedom of expression in the use of social networks and possible impacts on employment contracts 2y533c
The rapid expansion of social networks has provoked important debates about the consequences and limits of freedom of expression.
Specific guidelines for requests for ratification of out-of-court settlements in São Paulo 73683y
The Labor Reform (Law No. 13,467/17) extended the jurisdiction of the Labor Courts to include in its list of duties decisions on ratification of out-of-court settlements (article 652, item IV, letter "f", of the Consolidated Labor Laws), based on the Voluntary Adjudication Process.
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