Labor and employment
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]
In the previous article, we discussed the measures that can be taken by startups to protect their intellectual capital and the strategic information of their businesses by means confidentiality obligations and obligations relating to intellectual property.
There is much discussion today regarding the best ways to decommission, to deactivate, the rigs used in the oil and gas exploration and production process, as most of them are approaching or are already at the end of their useful life.
The seven public civil actions filed by the Public Labor Prosecutor’s Office (MPT) against Brazil’s main banks for alleged liability for their clients' social and environmental risks are beginning to unfold.
In order to encourage the creation of new jobs and inject money into the market, the Ministry of Economy plans to present a package of measures that, among other actions, authorizes the replacement of funds paid by employers as appeal deposits with judicial performance bonds.[1]
Law No. 13,874/19, enacted on September 20 after the conversion into law of the Economic Freedom Executive Order (MP 881/19), amended various points of labor and employment laws with the main objective of reducing bureaucracy in the procedures to be followed by employers.
In prior articles, we discussed some preventive measures that startups can take to adjust their internal procedures and thereby avoid possible breaches of labor laws and regulations. Startups may, however, face labor claims filed by their former employees or even by third parties who were not even their direct contractors.
Share-based incentive plans are long-term mechanisms that allow employees to participate in the valuation of the company according to previously established criteria. As a rule, implementing these plans results in greater alignment of interests between employees and the company, which helps retain talent, boosts workforce performance and, consequently, business performance, and indirectly leads to company valuation.
Even without the consent of the trade union, the Superior Labor Court (TST) approved requests for withdrawal by employees in a collective suit filed against two companies. The recent decision was delivered in Case No. 0010795-82.2015.5.03.0179.
