Labour & Employment | Edition 24
Key Highlights
Aviation Crew. Compensation Awarded to Flight Attendant for Expenses with Make-up
The 8th Panel of the Regional Labour Court of São Paulo (TRT 2) overturned a first-instance decision to grant compensation to a flight attendant for expenses incurred with beauty products and services contracted in order to maintain a specific aesthetic standard required by the employing airline. According to the case records, the employer’s “visual presentation manual” required flight attendants to present themselves properly groomed and wearing make-up, including guidance on the shades that best matched the standard lipstick and nail polish colours. In the judgment, the reporting judge noted that “the assertion that the instructions and guidance regarding make-up, nails and hair were merely recommendations by the company cannot be sustained”, for which reason the airline was ordered to reimburse the flight attendant’s personal presentation expenses in the monthly amount of BRL 120. Source: TRT 2.
Bad Faith Litigation. Forged Signatures
The 11th Panel of the Regional Labour Court of Minas Gerais (TRT 3) upheld the conviction of a worker to pay a fine for bad faith litigation after concluding that he had distorted the truth of the facts by claiming that he had not signed termination documents, contrary to a handwriting expert report ordered in the proceedings. The claimant argued that, being illiterate, he could not have signed the documents proving payment of termination entitlements and further alleged that the expert report had not followed appropriate scientific and rigorous methodology. However, in reviewing the appeal, the Court held that the handwriting examination was valid, as it had been conducted by a qualified professional and, on the merits of the analysis, the expert had identified similarities in strokes, mannerisms, spacing, alignment, and involuntary aspects of writing, concluding that the records originated from the claimant’s own hand. Source: TRT 3
Banking Law. Gender-Based Pay Discrimination
The 11th Panel of the Regional Labour Court of Rio Grande do Sul (TRT 4) acknowledge as a discriminatory pay practice based on gender the case of a branch manager who earned 22% less than a male colleague in the same position. By majority vote, the decision overturned the ruling of dismissal issued by the Labour Court of Porto Alegre. In addition to pay equalisation and its related effects, overtime and intra-shift breaks, the bank was also ordered to pay compensation for moral damages arising from discriminatory conduct. Source: TRT 4
Gig Economy. Regulation of Platform-Based Work
The Presidency of the Chamber of Deputies stated that it intends to bring to a vote, by April, Complementary Bill (PLP) 152/2025, which regulates the work of delivery drivers and ride-hailing drivers. The Bill addresses the balance between social protections and working conditions for the category, while seeking to minimise the impact on costs for operating companies and consumers. Source: Chamber of Deputies
Health, Safety and Environment (HSE). Technical Manual of Regulatory Standard NR-1
The Ministry of Labour and Employment (MTE) has issued the Manual for the Interpretation and Application of the rules on Occupational Risk Management to guide employers, workers, occupational health and safety professionals, and other social actors in implementing a management system focused on the prevention of risks in the workplace. The Manual will become an important tool for companies to comply with the new NR-1 guidelines, particularly with regard to the management of psychosocial risks, which will be subject to stricter inspection by labour auditors as of 26 May 2026. Source: MTE
Moral Damages. Threats with a Firearm
A decision issued by the Labour Court of Franco da Rocha, State of São Paulo (TRT 2) jointly held an employer (a former military police officer) and the security company he had hired liable to pay compensation for moral damages due to a threat made with the use of a firearm against an employee accused of theft. According to the court, the conduct of the employers constituted the offences of bodily injury and unlawful coercion of the employee, who worked as an access controller at the gatehouse of another company within the group. Upon being informed that a checklist had not been properly completed and that parts from certain vehicles had allegedly been stolen at the contracting company, the employer drew a loaded firearm and pointed it at the worker’s head, threatening to kill him unless he confessed to the theft. Considering the parties’ financial capacity, the compensatory and deterrent purpose of the measure, the extreme seriousness of the criminal conduct, and the harm suffered by the worker, the Court awarded compensation in the amount of BRL 50,000. Source: TRT 2
Paternity Leave. Gradual Expansion
The Plenary of the Senate approved, on an urgent basis, a Bill that gradually increases the period of leave from work for fathers covered by Social Security. The text ensures full remuneration, job stability, and introduces new rules for adoption and families in situations of vulnerability. Approved by symbolic vote, the text will be forwarded for presidential assent. Source: Federal Senate
Sports Law. Centralisation of Labour Debts of Football Clubs
The Federal Supreme Court (STF) upheld a rule authorising Regional Labour Courts to establish a Centralised Enforcement Regime for the collection of labour debts of professional sports entities. The unanimous decision was rendered in the judgment of Direct Action of Unconstitutionality (ADI) 6047. Additionally, the Court noted that Law 14,193/2021, in establishing parameters for the operation of the regime, maintained such authority within the Judiciary, while Law 13,155/2015 forms part of the Programme for the Modernisation of Management and Fiscal Responsibility of Brazilian Football (Profut), and that the authorisation for the establishment of the Centralised Enforcement Regime is related to addressing the high level of indebtedness of clubs and ensuring payment of their liabilities. Source: STF
Summary Dismissal. Falsified Sanitisation Records
The 11th Panel of the Regional Labour Court of Campinas (TRT 15) upheld the summary dismissal of a production supervisor after it was established that he had falsified sanitisation records of equipment used in the manufacture of medicines. The panel held that the conduct constituted an act of dishonesty and a breach of trust, particularly in view of the strict regulatory framework governing the activity and the potential risk to public health. For the panel, the supervisory role performed by the employee entailed a high degree of responsibility, making the continuation of the employment relationship untenable considering the breach of trust. Source: TRT 15
Termination of Employment Agreement. Validity of Settlement Agreement Executed with Employee Deceased Prior to Judicial Approval
The Superior Labour Court (TST) upheld an agreement entered into between an employee and his employer in the aeronautical industry. The employee had died prior to judicial approval, and the widow sought to have the agreement annulled, alleging that the mandate of the lawyer who signed the agreement had terminated upon her husband’s death. Unanimously, the panel rejected the request, considering that there had been no bad faith on the part of the lawyer, who was unaware of the client’s death. In its defence, the employer argued that the employee’s absence from the hearing also did not invalidate the agreement, and that the widow had only informed the court of her husband’s death later, after full proof of payment of all agreed amounts. The reporting Justice at the TST emphasised that, pursuant to Section 689 of the Civil Code, a lawyer’s acts remain valid until he becomes aware of the client’s death. Source: TST
Work-related Accident. Electric Shock Due to Lack of PPE
The 1st Panel of the Regional Labour Court of Campinas (TRT 15) upheld the conviction of an employer to pay compensation for moral and aesthetic damages to a former employee who suffered burns after being struck by an electric shock while performing his duties. The panel found that the employer had failed to provide adequate personal protective equipment (PPE) prior to the accident and confirmed the possibility of accruing both types of compensation (moral and aesthetic damages). In addition to compensation, the employee’s right to provisional job tenure arising from a work-related accident was acknowledged, even though he had not received accident-related sickness benefit, as the causal link between the incident and the activities performed had been established. Source: TRT 15
This newsletter is for informational purposes only. For further clarification, please contact our Labour & Employment team. Machado Associados. All rights reserved.
