Labor & Employment | Edition 05

15.07.2025

Key Highlights

Vacation Leave Priority

The Chamber of Deputies’ Labor Committee approved Bill 362/2025, which grants workers with children aged 4 to 17 priority in scheduling their annual leave to coincide with school holidays. The proposal will still be reviewed, in a conclusive manner, by the Constitution, Justice and Citizenship Committee (CCJ), before being sent to the Senate for further consideration.

FGTS Withdrawal – Expiration of Provisional Measure

The National Congress issued Declaratory Act No. 52/2025, acknowledging the expiration, as of June 27, 2025, of Provisional Measure 1,290/2025 which had allowed FGTS (Severance Indemnity Fund) withdrawals for employees dismissed between January 2020 and February 28, 2025, who had opted for the “birthday withdrawal” modality.

Termination with Cause for Data Breach

A ruling by the 12th Labor Court of São Paulo upheld the validity of a termination for cause imposed on an employee who inadvertently disclosed confidential information of over 350 employees to a client. Based on evidence and prevailing case law, the court found the infraction serious enough to justify a dismissal with cause.

Extended Maternity Leave

The Constitution, Justice and Citizenship Committee approved Bill 386/2023, which extends both maternity leave and maternity pay when either the mother or the newborn is hospitalized for more than two weeks due to childbirth-related complications. Under the bill, maternity benefits will be paid during hospitalization and for an additional 120 days post-discharge, deducting any pre-birth benefits already granted. Maternity leave will also be extended for the same period after discharge, minus the leave taken before childbirth. The bill was conclusively approved and now awaits presidential sanction.

Reverse Predatory Litigation

The 12th Panel of the Regional Labor Court of the 2nd Region (São Paulo) upheld a ruling from the 2nd Labor Court of Santos and sanctioned a logistics company for engaging in reverse predatory litigation. A fine of 8% of the updated value of the case was imposed due to bad faith. This is the first known appellate decision of its kind.

Healthcare Professions (1)

Laboratory Technicians. Resolution CFM 9/2025 was published, defining the scope and duties of mid-level Clinical Laboratory Technicians and professionals in similar roles or with related titles.

Healthcare Professions (2)

Nursing Resolution COFEN 782/2025 was published, establishing procedures for granting, renewing, and cancelling the Technical Responsibility Record for Nursing professionals and outlining the duties of the Nurse designated as the Technical Supervisor.

Healthcare Professions (3)

Telehealth Regulations. Resolution CONFFITO 619/2025 was published, permanently regulating the provision of Physiotherapy and Occupational Therapy services via teleconsultation, telecare, telemonitoring, and teleconsulting.

Healthcare Professions (4)

Minimum wage for Therapists. The Constitution, Justice and Citizenship Committee approved Senate-originated Bill 1,731/2021, which establishes a monthly minimum wage of R$4,650 for Physiotherapists and Occupational Therapists working a 30-hour weekly schedule. The bill, amended by the Finance and Taxation Committee, will return to the Senate for final consideration.

Regulated Professions

Chemical Responsibility. Resolution CFQ 332/2025 was published, setting forth guidelines for the Technical Responsibility Record (ART) related to chemical treatment and quality control of water in public and collective-use swimming pools.

Social Security Withholding

Consultation Ruling RFB 5.004/2025 clarifies that cleaning and maintenance services provided by micro or small businesses under the Simples Nacional regime, taxed under Annex IV, are subject to an 11% withholding, as provided under Article 31 of Law 8,212/1991, when hired under staff leasing or labor outsourcing arrangements.

Alternative Dispute Resolution

Legislative Decree 181/2025 was enacted, approving—with reservations—the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention), signed by Brazil on June 4, 2021.

Forced Labor

Legislative Decree 177/2025 was enacted, approving the Optional Protocol to ILO Convention No. 29 on Forced or Compulsory Labor, adopted on May 28, 2014.

Child Labor

Recommendation SIT/MTE 1/2025 was issued by the Ministry of Labor and Employment, establishing a service protocol for addressing child labor situations involving traditional peoples and communities.

International Labor Mobility

Legislative Decree 178/2025 was enacted, approving the Framework Convention for the Promotion of Talent Mobility in the Ibero-American Zone, signed on April 21, 2021.