Labor and employment
The government sent to the National Congress, on November 26th, Bill No. 6,159/19, which aims to change the rules for filling quotas reserved for people with disabilities, established by Law No. 8,213/91.
The Labor Reform (Law No. 13,467/17) amended article 899, paragraph 11, of the Consolidated Labor Laws (CLT) to, among other things, enable the use of a judicial surety bond or bank surety to substitute for an appeal deposit, an alternative that had already been accepted by the Labor Courts to guarantee enforcement of judgment.
Executive Order No. 905/19 (MP 905), which instituted the Green and Yellow Employment Contract, implemented various changes to unemployment insurance and accident assistance.
The publication of Executive Order No. 905/2019 brought about various important impacts for employers from a practical point of view. One of the main changes is permanent authorization for work on Sundays and holidays for all categories of workers, ending the obligation for collective bargaining or administrative requests to the competent authorities for this purpose.
As part of our series of articles on the changes implemented by Executive Order 905/19, we highlight the following points that may affect trade union organization and relations.
Companies no longer need to be inspected by the competent labor authority in order to begin their operations and/or undertake structural changes. Executive Order No. 905/19 (MP 905), which instituted the Green and Yellow Employment Contract, repealed article 160 the Consolidated Labor Laws (CLT), which contained rules relating to the inspection of companies before they may start operations.
Executive Order (MP) No. 905, published in the Official Federal Gazette on November 12, 2019, promotes a series of changes to the Consolidated Labor Laws (CLT), especially regarding labor inspection rules and the application of administrative fines.
In addition to instituting the Green and Yellow Employment Contract and implementing various significant changes in labor and social security laws and regulations and in the rules regarding payment of Profit Sharing, Executive Order (MP) No. 905, published last Tuesday, November 12, amended article 224 of the Consolidated Labor Laws (CLT) relating to the working hours of bank employees.
The rules established for the entry into force and effect of Provisional Measure No. 905/2019 are analyzed below, following the series of articles on the changes implemented by it.
In addition to instituting the Green and Yellow Employment Contract, Provisional Measure No. 905/19 ("MP 905"), published on Tuesday, November 12, implemented various significant changes and innovations in social security, labor, and tax law
A law passed in September by the state of California in the United States assumes that a person providing services for consideration should be considered an employee of the contracting company unless the company demonstrates that all of the following requirements have been met:
The Labor Reform (Law No. 13,467/17) expanded the use of judicial performance bonds in the labor sphere. Already employed to ensure enforcement due to suppletory application of the Code of Civil Procedure, it was also provided for also by the new law in order to replace the appeal deposit, pursuant to paragraph 11 included into article 899 of the Consolidated Labor Laws (CLT).[1]
