Labour & Employment | Edition 32

03.08.2026

Key Highlights

Apprenticeships. Proposed Changes to the Criteria for Compliance with the Statutory Apprenticeship Quota.

The Federal Senate’s Committee on Social Affairs discussed Bill No. 6,461/2019, which establishes the Apprenticeship Statute and introduces amendments to the rules governing vocational apprenticeships. During the discussions, representatives of the business community advocated greater flexibility in calculating and complying with the statutory apprenticeship quota, particularly in sectors involving hazardous, unhealthy or otherwise unsuitable activities for individuals under 18 years of age. Conversely, representatives of the Federal Government, the Labour Prosecution Office and the Company-School Integration Centre (CIEE) supported maintaining the version approved by the Chamber of Deputies, arguing that the proposed amendments could significantly reduce opportunities available to economically disadvantaged young people. The debate is particularly relevant because the proposed legislation may further complicate companies’ ability to comply with the statutory apprenticeship quota, increasing both financial costs and legal exposure. The Bill remains under consideration by the Committee on Social Affairs and will subsequently be submitted to the Senate Plenary before proceeding to the Chamber of Deputies. Source: Federal Senate

Child Labour. Mandatory Reporting by Schools.

The Education Committee of the Chamber of Deputies has approved Bill No. 6,436/2025, which amends the Child and Adolescent Statute (ECA) to require both public and private schools to report suspected or confirmed cases of child labour to the Guardianship Council, particularly where children up to 12 years of age are involved. The Bill is still proceeding under the conclusive legislative procedure and will be reviewed by other committees of the Chamber of Deputies before being submitted to the Federal Senate, should it be approved. The proposed measure may increase regulatory oversight of companies and employers that directly or indirectly make use of child or adolescent labour in breach of the applicable legislation. Source: Federal Senate

Discriminatory Dismissal. Humiliating Procedure

The 5th Panel of the Minas Gerais Regional Labour Court (TRT-MG) upheld an award of moral damages against a school arising from the improper manner in which a teacher was dismissed. According to the Court, the employee was subjected to humiliating treatment during the dismissal process, including being exposed to other colleagues, thereby creating an atmosphere of fear and widespread embarrassment, without preserving the dignity and emotional wellbeing of the employees involved. Source: TRT-MG

Domestic Violence. Reversal of Summary Dismissal

The 12th Labour Court of the South District of São Paulo (TRT SP) set aside the summary dismissal of a doctor who had been absent from work as a result of death threats and the emotional trauma arising from domestic violence perpetrated by her then husband. Although the employer argued that the absences had not been properly justified, it was established that the company was fully aware of the violence and harassment suffered by the employee. The Court held that there had been no intention to abandon the employment, an essential requirement for a lawful summary dismissal on that ground, and further considered that it would be unreasonable to require compliance with the formalities ordinarily applicable to absences in light of the employee’s serious situation of vulnerability. Relying on the Maria da Penha Law and the National Council of Justice (CNJ) Protocol for Gender-Sensitive Adjudication, the judgment awarded the employee the statutory entitlements arising from an unfair dismissal and ordered the employer to pay compensation for non-pecuniary (moral) damages. The case reinforces the need for employers to carefully assess the personal circumstances reported by female employees before imposing disciplinary sanctions, particularly where there are indications or evidence of domestic violence, failing which the summary dismissal may be set aside and compensation awarded. Source: TRT-SP

Electoral Harassment in Employment Relationships.

The Superior Council of the Labour Courts (CSJT) has issued Resolution No. 425/2026 instructing Labour Court judges to immediately notify the Labour Prosecution Office (MPT) and the Electoral Prosecution Office (MPE) whenever employment claims reveal evidence of electoral harassment in employment relationships. The measure is intended to facilitate coordinated action by the authorities responsible for investigating potential breaches of labour and electoral legislation, without affecting the progress of labour proceedings. The new regulation reinforces the need for employers to safeguard their employees’ political freedom and voting rights, refraining from threats, coercion, promises of benefits, retaliation or any misuse of managerial authority intended to influence electoral choices, failing which they may incur liability under both labour and electoral law. Source: CSJT

Employment of Brazilian Nationals on International Cruise Ships. Application of Foreign Law.

The 3rd Labour Court of Santo André, State of São Paulo (TRT SP), dismissed the claims brought by a Brazilian crew member recruited by an agency based in Brazil to work as a fitness instructor on an international cruise ship, who sought to enforce employment rights under Brazilian labour legislation against foreign cruise companies. Although the Court recognised the jurisdiction of the Brazilian Labour Courts to hear the dispute, it held that such jurisdiction does not automatically entail the application of Brazilian labour law. Rather, employment contracts entered into under these circumstances are governed by the Law of the Flag, namely the legislation of the country in which the vessel is registered, in accordance with the Maritime Labour Convention of the International Labour Organization (ILO), the Bustamante Code and Law No. 14,978/2024. The Court further held that wasas irrelevant whether the recruitment or hiring process took place online or within Brazilian territory, since both the purpose of the employment contract and the effective performance of the services were intrinsically linked to a foreign-flagged vessel. Source: TRT-SP

Labour Enforcement Proceedings. Seizure of a Shareholder’s Passport.

The Second Subsection Specialised in Individual Labour Disputes of the Superior Labour Court (TST) granted a writ of habeas corpus ordering the release of the passport of a shareholder included in labour enforcement proceedings. Although the Federal Supreme Court (STF) has already recognised the validity of coercive measures such as the retention of personal documents, the TST held that such a measure is justified only where the judicial decision demonstrates, on an individualised basis, evidence of concealment of assets, fraudulent conduct designed to frustrate enforcement, bad faith or a standard of living inconsistent with the outstanding debt, while also complying with the principles of proportionality and reasonableness. In the case at hand, the lower court considered that international travel involving transport, accommodation and foreign currency expenses was incompatible with the debtor’s failure to satisfy the judgment debt. The TST, however, found that this conclusion was based on a general presumption, without a concrete assessment of the shareholder’s financial circumstances or asset-related conduct. The Court further clarified that the release of the passport does not prevent the measure from being imposed again, provided that it is supported by specific evidence demonstrating its necessity and usefulness. Source: TST

Persons with Disabilities. Offshore Oil Platforms.

The Rio de Janeiro Labour Court (TRT-RJ) recognised that, owing to the specific nature of work carried out on offshore oil platforms, certain positions require full physical and sensory capacity because of the inherent risks of the offshore environment, the confined conditions, the difficulty of access and the need for an immediate response in emergency situations. The Court therefore held that compliance with the statutory quota for the employment of persons with disabilities (PwD) must take into account the compatibility between the duties of the role and the employee’s capabilities, and that it would be unreasonable to require the quota to be met in positions whose nature could jeopardise the safety of the employee, fellow workers or the operation itself. Accordingly, the Court concluded that positions objectively incompatible with certain physical or mental limitations may be excluded from the calculation basis of the statutory quota, thereby reconciling the policy of inclusion with the principles of health protection and occupational safety for persons with disabilities. Source: TRT RJ

Retail Sector Work on Public Holidays. Requirement for Collective Bargaining.

The Ministry of Labour and Employment (MTE) has issued Ordinance No. 1,316/2026, making work in the retail sector on public holidays conditional upon authorisation under a Collective Bargaining Agreement. This requirement does not apply to certain activities expressly exempted by the Ordinance, including pharmacies, bakeries, petrol stations, hotels, restaurants, bars, beauty salons, street markets, laundries and funeral services. Where there is no representative trade union, the collective agreement may be concluded with the relevant federation or confederation. The Ordinance applies exclusively to public holidays, whilst Sunday working continues to be governed by Law No. 10,101/2000, without the need for prior collective bargaining unless expressly required by a Collective Bargaining Agreement. The new measure requires commercial establishments to verify both the classification of their activities and the existence of a valid collective authorisation in order to avoid enforcement measures and the imposition of fines. Source: MTE

Summary Dismissal. Daily Working Hours Exceeded by Four Minutes. Absence of Negligence.

The 10th Panel of the Minas Gerais Regional Labour Court (TRT-3) upheld the reversal of a summary dismissal imposed on an employee who exceeded the daily maximum working time of ten hours by four minutes. The employer argued that the employee had breached an internal policy and had previously been subject to disciplinary sanctions. The Court, however, found that the excess was unintentional and resulted, in part, from the approximately five-minute walk between the employee’s work area and the time clock located near the changing rooms. In the Court’s view, negligence requires habitual and repeated negligent conduct, circumstances which had not been sufficiently established by the employer. Accordingly, the imposition of the most severe disciplinary sanction was held to be disproportionate in light of the minor seriousness of the incident. Source: TRT MG

Summary Dismissal. Sexual Harassment. Judgment from a Gender Perspective.

The 17th Panel of the São Paulo Regional Labour Court (TRT-SP) upheld the summary dismissal of a general services assistant who repeatedly made unwanted sexual advances towards healthcare professionals in the workplace. The evidence demonstrated that the employee made inappropriate comments and intentionally engaged in physical contact, including touching intimate parts of a nurse’s body, which led to the filing of a police report. The employer’s internal investigation also identified similar complaints from other nurses, nursing assistants and doctors. The Court held that the employee’s conduct constituted serious misconduct and improper behaviour, irreparably breaching the trust essential to the employment relationship, thereby dispensing with the need for prior warnings or suspensions in light of the seriousness and repeated nature of the misconduct. The judgment, also based on the National Council of Justice (CNJ) protocols concerning gender-sensitive adjudication and anti-discrimination practices, reinforces employers’ duty to properly investigate complaints, gather evidence and adopt effective measures to ensure a safe working environment free from harassment and sexual misconduct. Source: TRT SP

Working Time. Reduction for an Employee with an Autistic Child.

The Rio de Janeiro Regional Labour Court (TRT-RJ) upheld a reduction in the working hours of an employee who needed to accompany the treatment of his child diagnosed with Autism Spectrum Disorder (ASD), without any reduction in remuneration and without any requirement to make up the lost hours. The Court found that the need for such assistance had been duly established and that the adjustment of working hours gives effect to the principles of the child’s full protection, the right to health, family life and the inclusion of persons with disabilities. The case reinforces the need for employers to assess, on an individual basis, requests for working time adjustments made by employees in such circumstances, taking into account the medical evidence provided and the possibility of implementing reasonable accommodation, failing which judicial intervention may follow. Source: TRT-RJ