Labor & Employment | Edition 09

12.08.2025

Key Highlights

Banking – Unity of Employment Contracts

The 7th Panel of the São Paulo Regional Labor Court (TRT) overturned a lower court ruling and recognized as a single employment relationship two employment contracts entered into by a call center operations manager with a private bank and one of the bank’s subsidiaries.

Healthcare – Ambulance Driver

The Senate’s Economic Affairs Committee approved Bill No. 2,336/2023, originating in the House of Representatives, which regulates the profession of ambulance driver, including it in the list of healthcare workers. To practice the profession, drivers must be over 21 years old, have completed secondary education, hold a category D or E driver’s license, and undergo training and refresher courses every five years. The bill now proceeds to the Senate’s Social Affairs Committee for review.

Healthcare – Medical Professions

The Federal Council of Medicine (CFM) approved Resolution No. 2,437/2025, which sets forth the ethical responsibilities of institutions and medical professionals in the prevention, control, and treatment of people living with HIV/AIDS.

Labor Enforcement – Attachment of Survivor’s Pension

The 5th Panel of the Superior Labor Court (TST) authorized the attachment of a survivor’s pension paid to a partner to satisfy labor debts. The measure was deemed lawful, provided that it respects a limit of 15% of the beneficiary’s net monthly income and that the remaining amount is not less than the statutory minimum wage.

Labor Enforcement – Economic Group

The Full Bench of the Federal Supreme Court (STF) reached a majority in Extraordinary Appeal No. 1,387,795 (Theme 1,232) to reject the inclusion, in the enforcement phase of labor proceedings, of companies belonging to the same economic group that did not participate in the earlier stages of the case. The Court President suspended the trial to develop an intermediate proposal between the different interpretations expressed by the justices who have already voted.

Labor Enforcement – Spouse of the Debtor

The 2nd Panel of the Regional Labor Court of Goiás upheld a decision rejecting the inclusion of a businessman’s ex-wife as a defendant in a labor enforcement proceeding. The panel held that, although the couple was married during the claimant’s employment period, there was no evidence that the ex-spouse had economically benefited from the former husband’s business activities.

Overtime – Pharmaceutical Sales Representative

The 1st Panel of the Superior Labor Court rejected a pharmaceutical sales representative’s claim for overtime pay, in which she alleged that the company’s tablet allowed for monitoring of her working hours. The Court found that the tablet was insufficient to accurately record working time and that the representative’s activities were performed externally and, therefore, not subject to time control.

Persons with Disabilities – Breach of Legal Hiring Quota

The São Paulo Labor Court ordered an outsourced services company, in a public civil action, to pay BRL 500,000 in collective moral damages for repeatedly failing to comply with the legal quota for hiring rehabilitated persons or persons with disabilities. The company, which was required to employ 28 such individuals, had only 4 at the time of the lawsuit.

Work Schedule – 12×36 Shift

The Regional Labor Court of Campinas and Region ruled on Incident of Resolution of Repetitive Demands (IRDR) No. 17280/2025, establishing that the failure to grant or the partial granting of the lunch break in the special 12×36 work schedule does not, in itself, invalidate this work arrangement.