Labor and employment 522l6m
The Labor Reform and Clawback clause for Executives of publicly traded corporations 31we
The entry into force of Law No. 13,467/2017 (Labor Reform) brings to light a debate already widespread in the US, but very little discussed here in Brazil: the application and enforceability of the clawback clause in employment contracts for executives at publicly traded corporations.
Labor Reform: does the new concept of reward imply reduction in charges on bonuses? 172c2h
Much has been debated whether, with the Labor Reform, the annual bonuses paid by companies have ceased to be part of the remuneration of their employees for the purposes of calculating employment and social security charges.
Time cards: to sign or not to sign? 6f45k
The need to control workers' workdays in Brazil is established by article 74, paragraph 2, of the Consolidated Labor Laws - CLT, according to which the recording of arrival and departure, also known as time cards, is mandatory in establishments with more than ten employees.
Use of WhatsApp as a tool for communication in the Judiciary 51kr
In considering the use of the application WhatsApp for procedural summons as valid, the National Justice Council (CNJ) has set an important precedent for using this tool for communication in all courts in Brazil.
Limitation on the number of trade union leaders with provisional stability 621y35
Both the Federal Constitution (article 8, item VIII) and the Consolidated Labor Laws - CLT (article 543, paragraph 3) grant protection to employees who are union leaders through the benefit of provisional stability, from the time of the employee’s candidacy until one year after the end of employee’s term of office.
What changes will the Labor Reform bring? 62r55
After approximately 2 months and 178 amendment requests, the Brazilian Senate approved the labor reform bill of law last Tuesday (07/11/2017) without any change to the original text submitted by the House of Representatives. There were 50 votes in favor, 26 in opposition, and 1 abstention. As there were no changes suggested by the Senate, bill of law no. 38/2017 will now be sent for the sanction of the in-house President Michel Temer.
Possible changes in the Labor Reform for activities in hazardous environments 4e501o
Employers wishing to extend the employee's working day in an environment deemed hazardous must have authorization from the Ministry of Labor (MTB), issued only after inspection and analysis of the application, in addition to complying with a series of requirements imposed by the agency.
Ministry defines industries that may meet apprenticeship quotas in an alternative way y4h1w
Many companies face practical difficulties and legal uncertainty in meeting the requirement to hire the minimum quota of young apprentices. This happens especially in industries whose activities are classified as hazardous or dangerous by the Occupational Health and Safety Regulatory Norms.
Limitation on the use of WhatsApp in employment relationships 223b63
Few employers realize that exchanging messages via WhatsApp can be used as evidence in a labor claim. The use of this mechanism has already been accepted, including to prove that the company is able to monitor at a distance the work schedule of an employee who works remotely.
The treatment that must be adopted by companies with respect to the adoption of children by homoaffective couples and how the brazilian social security service has been handling the issue 573035
Cristiane Masuno and André Graça The traditional concept of a family has undergone, over time, public and private transformations as a result of the interest by and the new reorganization of society.
Grandfathering of collective rules 4z4wp
Ursula Mauro and Caroline Marchi ADPF No.
LEXpress Labor - Special Issue - 09/2015 71313l
Edição extraordinária
(Retroactive?) Change of the Labor Debts’ Monetary Adjustment Index
Based on decisions issued by the Brazilian Federal Supreme Court (STF) according to which the Reference Rate (TR) did not represent the actual depreciation of the Brazilian currency within a given period of time, the Brazilian Superior Labor Court (TST) decided that the use of the TR as the monetary adjustment index of labor debts prevents the complete recovery of the employees’ labor credit and jeopardizes the effectiveness of the judicial protection and court procedures.
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