Labor and employment
Created to review, compile and consolidate infralegal labor standards, the program aims to better align these standards with government public policies.
Decree 10.854/21, published this month, establishes the Permanent Program for Consolidation, Simplification and Debureaucratization of Illegal Labor Standards and reviews regulations involving various themes of labor legislation.
Besides reducing labor liabilities, lawsuits, and administrative sanctions, the adoption of an effective compliance program can improve the work environment.
Judgment dealing with adjustment for inflation and late payment charges owed to the creditor is subject to a split opinion and was suspended due to a request for examination of the record, with no date for its resumption.
The Federal Courts have taken a position in favor of the State paying the wages of pregnant employees on leave due to the pandemic. Decisions may involve an advance on maternity leave pay or compensation for wages already paid by the employer.
Until the courts reach any decision on the constitutionality of the new rule, in effect since November 1, employers cannot demand vaccination for on-site work.
Based on the Code of Civil Procedure, Minister Gilmar Mendes claims that company can not be executed without having participated in the phase of knowledge of the action.
Labor precautions, such as internal policies or employment contracts with specific provisions on the liability of programmers, can protect companies in cases of biased algorithms.
If the relocation occurs at the employee's discretion, the company shall not pay any additional relocation fee, nor shall it be responsible for the associated costs. To reduce risks, however, it must document the relocation rules and obtain an explicit statement of the employee's choice.
When employees return to the office, companies must observe the arrangement to which the worker is subject and the municipal, state, and federal laws.
In the process in Congress, Bill No. 6,074/16 intends to regulate the requirement of the test in the dismissal exams, pacifying the issue and offering greater legal certainty for companies and employees.
Courts find that liability for compensation of victims of harassment is not exclusive to the company. The harasser must also answer for the acts he commits.