Labor & Employment | Edition 06

22.07.2025

Key Highlights

Discriminatory Dismissal – Person with Disability (PWD)

The 2^nd Chamber of the Regional Labor Court of Campinas found that the dismissal of a disabled employee by a multinational company was discriminatory, as it occurred shortly after the employee informed the company that he would need surgery. The dismissal was deemed discriminatory because the employer was aware of the employee’s upcoming medical treatment and surgery and the employee was in a position of vulnerability due to a visible physical disability.

Discriminatory Dismissal – Political Motivation

The 15^th Labor Court of São Paulo ordered a technology company to pay BRL 30,000 in moral damages to a former employee who was dismissed in a politically discriminatory manner. According to the case files, the dismissal occurred after the employee posted political opinions on her personal social media account criticizing Israel’s actions in the West Bank.

Discriminatory Dismissal – Psychosocial Condition

The 1^st Panel of the Regional Labor Court of Minas Gerais ruled that the dismissal of a worker diagnosed with panic disorder at the time of termination was discriminatory. In addition to awarding moral damages in the amount of BRL 25,000, the employer was ordered to pay double compensation for the period between the dismissal and the court’s ruling

Dismissal for Cause – Timekeeping Fraud

The 1^st Panel of the Regional Labor Court of Rio Grande do Sul upheld the dismissal for cause of a supermarket stock clerk due to improper conduct. The employee manipulated the timekeeping app to falsely indicate his presence at work.

Dismissal for Cause – Use of Mobile Phone

The 14^th Panel of the Regional Labor Court of São Paulo upheld the dismissal for cause of a school doorman who, distracted by his mobile phone, failed to prevent unauthorized entry into the premises. His duties included controlling and monitoring pedestrian access to the school facilities.

Labor Procedure – Limitation of Award Amounts

Justice Alexandre Luiz Ramos, of the Superior Labor Court, ruled that the ceiling value indicated in the initial complaint must be observed in the enforcement of a labor judgment. The solo decision, largely favorable to defendant companies, was based on Article 492 of the Brazilian Civil Procedure Code, which prohibits awards exceeding the amounts claimed.

Person with Disability – Lack of Accessibility

The 11^th Chamber of the Regional Labor Court of Campinas ordered a company to pay moral damages to a female employee with dwarfism due to its failure to uphold principles of inclusion and accessibility. The company did not provide ergonomic accommodations for her to perform her duties, including placing the cafeteria on an upper floor without accessible access, forcing the employee to rely on colleagues to heat her meals.

Racism – Moral Damages

The 2^nd Panel of the Regional Labor Court of Paraná upheld an award of moral damages to a former employee who was the victim of racial slurs by a coworker. The court rejected the employer’s defense that liability should fall solely on the aggressor, who did not hold a position of trust or representation. The employer’s objective duty to maintain a healthy and prejudice-free work environment was recognized.

Regulated Professions – Business Administrators

The Federal Administration Council published Normative Resolutions CFA 671/2025 and CFA 672/2025, which approve the Code of Ethics and Disciplinary Rules, and the Rules of the Disciplinary-Ethical Proceedings applicable to professional administrators and related legal entities. These regulations address the investigation of ethical violations committed by professionals represented by the CFA (e.g., business administrators, HR managers, financial managers, logistics professionals, consultants, auditors). From a labor standpoint, these regulations may strengthen the legal grounds for employers to apply disciplinary measures provided for in the Labor Code, including suspensions and even dismissals without cause.

Social Security Withholding – Industrial Services

The Federal Revenue Service published Ruling No. 115/2025, clarifying that the provision of industrial noise measurement services does not, in and of itself, constitute manpower supply. Therefore, companies hiring such services are not required to withhold the social security dues on the service invoices in such cases.

Working Hours – Reduction for Medical Assistance

The 4^th Panel of the Regional Labor Court of Bahia upheld the right of an employee to reduce his daily working hours, without any reduction in pay, to accompany his son’s treatment for Autism Spectrum Disorder (ASD). The new schedule was maintained without the need for offset.