Labour & Employment | Edition 34

09.09.2026

Key Highlights

Driver’s Workplace Accident Results in Compensation to Family. A company was ordered to compensate the partner and daughter of a worker who died in a tractor accident on a sugarcane farm. Although he had been hired as a water-truck driver, the Minas Gerais Regional Labour Court (TRT MG) found that the employee had been operating the equipment without adequate training and under unsafe conditions, with reports of recurring brake problems and maintenance recommendations that had allegedly not been acted upon. In addition to the compensation, the daughter and partner will receive a monthly pension from the company. The case highlights the need to provide workers in rural environments with formal and specific training, as well as to prevent them from performing duties for which they are not qualified, thereby reducing the risk of a legally recognised causal link. Source: TRT MG

Suspension of Proceedings Concerning Hiring Quotas. The São Paulo Regional Labour Court (TRT SP) ordered the suspension, at appellate level, of proceedings concerning the validity of collective bargaining provisions intended to eliminate, reduce or alter the calculation basis of the statutory apprentice quota. The measure was adopted following the commencement of an Incident for the Resolution of Repetitive Claims (IRDR), aimed at standardising the Court’s interpretation regarding whether this matter may be subject to collective bargaining. Accordingly, the appeals concerned will remain stayed until the TRT SP establishes a common legal precedent, thereby ensuring consistent decisions in similar cases. The suspension does not mean that the collective bargaining provisions have already been deemed valid or invalid, nor does it remove companies’ statutory obligation under Article 429 of the Consolidation of Labour Laws (CLT). Source: TRT SP

Court-Appointed Expert Evidence. Removal of Expert Where Impartiality Is Compromised. The Superior Labour Court (TST) set aside expert evidence produced in proceedings in which a forklift operator sought recognition of an occupational illness, after finding that the court-appointed expert had become a business partner of one of the company’s technical advisers while the evidence was being produced. Although the partnership was formed after the initial expert report had been submitted, the expert subsequently prepared a supplementary report after the business relationship had already come into existence. The First Panel of the TST held that the expert’s impartiality and independence must be preserved throughout their involvement in the proceedings, and that the existence of circumstances capable of compromising their impartiality is sufficient. The expert evidence and the judgment were set aside, and the case was remitted to the Labour Court for new technical expert evidence to be produced by another professional. Source: TST

Electoral Harassment in Employment Relationships. Expansion of the Concept. In August 2026, the Superior Labour Court (TST) and the Superior Council of Labour Justice (CSJT) published an unprecedented study on electoral harassment in employment relationships, based on proceedings filed between May 2023 and December 2025. The survey identified 745 cases registered on the subject and revealed a significant increase in litigation, particularly during periods close to elections. In 2024 alone, 358 cases were recorded, corresponding to 57.9% of the cases effectively analysed. The study also addresses the expansion of the concept introduced by CSJT Resolution No. 452/2026: electoral harassment is no longer limited to coercion or direct pressure intended to influence voting decisions, but encompasses any distinction, exclusion or preference based on a worker’s political beliefs or opinions, including during recruitment. This development serves as a warning to companies that political views must not interfere with recruitment, promotions, dismissals or other professional decisions, requiring appropriate guidance for managers, preventive policies and effective reporting and investigation channels. Source: TST

Labour Analogous to Slavery. Domestic Worker. The Amazonas Regional Labour Court (TRT AM) recognised the existence of a domestic employment relationship involving a woman who had been kept under exploitative conditions for more than 30 years by a family of business owners in Manaus. Taken from the interior of the state to the capital at the age of five under the promise of better living conditions, the worker began performing domestic duties during childhood and was subsequently prevented from continuing her education or seeking professional qualifications. According to the decision, she worked from 5 a.m. to 9 p.m., including weekends and public holidays, received only BRL 100 to BRL 200 per month, and lived in precarious housing conditions, without formal employment registration and with restrictions on her autonomy. Although the employers argued that she was “part of the family” and had been taken in out of solidarity, the court concluded that the appearance of a family relationship concealed an employment relationship characterised by excessive working hours, degrading conditions, economic dependency and control over her freedom. Accordingly, in addition to recognising the employment relationship from October 1993 to December 2024, the family was ordered to pay approximately BRL 300,000, including BRL 50,000 in non-material damages and employment-related termination payments. Source: TRT 11

Pregnancy-Related Job Protection. Resignation and New Employment. The Minas Gerais Regional Labour Court (TRT MG) rejected an award of compensation in lieu of job protection to an employee who resigned before becoming aware that she was pregnant and, a few days later, commenced a new employment relationship in which she duly took maternity leave. Although Theme 55 of the Superior Labour Court (TST) establishes that the validity of a pregnant employee’s resignation depends on assistance from the relevant trade union or competent authority, the TRT MG applied the distinguishing technique, finding that, in that specific case, maternity protection had been preserved through the new employment. The absence of any loss or detriment and the fact that the employee had refused the reinstatement offered by her former employer were also taken into account. The case establishes a precedent favourable to companies for exemption from reinstatement and compensation claims where the rights and interests of the unborn child have been duly safeguarded. Source: TRT 3

Racism in the Workplace. Non-Material Damages. The 34th Labour Court of São Paulo recognised the constructive dismissal of an employee who had been subjected to racism. In his testimony, the worker stated that he had been removed from his workstation and sent to a barber shop, despite his hair and beard already being trimmed, so that, according to the evidence gathered, he could “have a haircut so that racial stigmas would remain in the past”. The judge held that, by characterising the Afro-textured hair and beards of Black people as stigmas to be eliminated or concealed for the purposes of corporate credibility, the respondent companies perpetuated the systematic devaluation of Black bodies and imposed racist barriers to access to and continued participation in the labour market. The decision took into account the National Council of Justice’s (CNJ) Protocol for Adjudication with a Racial Perspective, which establishes guidelines to be followed by judges when deciding cases involving racial issues. Source: TRT SP

Sexual Harassment. Apprentice. The São Paulo Regional Labour Court (TRT SP) upheld the dismissal for cause of a manager accused of attempting to kiss a young apprentice who was a minor at the time of the events. The decision took into account the victim’s consistent account, corroborated by conversations recorded in a notarial deed, photographs and the employee’s own testimony, in which he admitted to physical contact. Based on the National Council of Justice’s (CNJ) Protocol for Adjudication with a Gender Perspective, the court emphasised that habitual contact cannot be taken to imply consent and that the victim’s lack of an immediate reaction or delay in reporting the incident should not be interpreted as acceptance. Given the hierarchical imbalance and the vulnerability arising from her status as a woman, an apprentice and a minor, the victim may have remained silent out of fear of losing her job; accordingly, her account cannot be discredited on the basis of stereotypes suggesting exaggeration, dishonesty or an attempt to obtain an undue advantage. The seriousness of the conduct justified immediate dismissal, without the need for prior disciplinary measures. The case reinforces the importance of companies conducting prompt, confidential and properly documented internal investigations, ensuring support for the victim, preservation of evidence and an opportunity for the accused to present a defence. Source: TRT SP

Sports Law. Football Player’s Workplace Accident. A football club was ordered to pay substantial compensation to an athlete who suffered a knee injury during an Under-20 championship match and, following further injuries, surgeries and treatment, became permanently unable to play professionally. The São Paulo Regional Labour Court (TRT SP) recognised the causal link between the inherently risky sporting activity and the player’s incapacity, applying the employer’s strict liability. The award covers material and non-material damages, the absence of the compulsory insurance provided for under the Pelé Law, and compensation in lieu of statutory job protection following a workplace accident. The case serves as a warning to sports organisations regarding the need for effective plans to prevent such risks, with close and rigorous monitoring of athletes’ recovery and due observance of rehabilitation periods. Source: TRT SP

Xenophobia in the Workplace. Investigation of Complaint. The Minas Gerais Regional Labour Court (TRT MG) ordered a telemarketing company to pay compensation for non-material damages to a female employee from Alagoas who had been subjected to discriminatory comments concerning her Northeastern Brazilian origin and accent. Although the company argued that it had inclusion and anti-discrimination policies in place, the TRT MG found that it had failed to investigate the complaint adequately, having limited its investigation to interviewing the accused employee without examining the matter in greater depth or adopting effective measures. The employee’s constructive dismissal was also recognised due to the seriousness of the employer’s omission. The case reinforces the need to combat discriminatory conduct through a combination of internal policies, formal investigations and the adoption of concrete measures to prevent its continuation. Source: TRT 3