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 rapid expansion of social networks has provoked important debates about the consequences and limits of freedom of expression.
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.
One of the most controversial amendments brought in by Law No. 13,467 (the Labor Reform) is the inclusion of paragraph 3 to article 834 of the Consolidated Labor Laws (CLT), which authorizes the representation of companies in labor hearings by representatives who are not their employees. However, in spite of the express legal provision in this sense, parties in court have come across varying interpretations on the subject.
The controversy over the changes introduced by Law No. 13,467/2017 (the Labor Reform) for the union contribution has gained several new chapters. According to the new law, the contribution is no longer compulsory and its payment became conditional upon prior and express authorization by workers and employers.
Since Embraer's well-known mass lay-off case (Case No. 309-2009-000-15-00-4), collective disputes have been used by unions as a judicial measure to challenge the legality of terminations that, allegedly conducted en masse, affect a significant group of workers linked to an establishment or company.
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.
Faced with the most varied of controversies that involved not only its enactment, but also its application in substantive and procedural law, the entry into force of Law No. 13,467/2017 (the Labor Reform) is today an inexhaustible source of debate on the new rules imposed, among them, attorneys’ fees to be borne by the losing party.
Law No. 13,467/2017 (the Labor Reform) eliminated the obligatory nature of ratification of termination of employment contracts by the trade union representing the category or the Ministry of Labor and Social Security (MTPS) for employees with more than one year of service.
One of the main and most important changes promoted by Law No. 13,467 (Labor Reform) is the distinction between two categories of workers: the hyposufficient and the hypersufficient.
One of the most striking and controversial changes promoted by Law No. 13,467/1207 (Labor Reform), later complemented by Presidential Decree No. 808, was the end of the obligation to pay union contributions.
Yesterday, November 30, the Government published a new implementation schedule for eSocial, created by the Management Committee. The main purpose of the rules is to facilitate the implementation of the system by employers and to give greater certainty to the process, in response to various requests submitted by companies and class entities.
On November 14, 2017, three days after the Labor and Employment Reform coming into effect, President Michel Temer issued a Provisional Measure amending the original bill sanctioned on July 14th, 2017.
Ordinance No. 1,129 of the Ministry of Labor and Employment (MTE) has caused real upheaval.
Law No. 12,761/2012 established the Worker Culture Program and created the cultural voucher, which was later given a regulatory framework by Decree No. 8,084/2013 and establishes that joining the program and granting this benefit are optional for employers.
