Labor & Employment | Edition 12
Key Highlights
Labor Enforcement – Good Faith of Purchaser of Seized Property
The 5th Panel of the Regional Labor Court of Minas Gerais annulled a seizure imposed on a third-party property that was the subject of a purchase and sale agreement entered into with one of the defendants in a labor lawsuit. The court acknowledged the buyer’s good faith and applied Superior Court of Justice (STJ) Precedents 84 and 375, which protect third-party purchasers even without registration of the purchase and sale agreement, provided there is no evidence of bad faith or fraud.
Labor Enforcement – Validity of Postal Service of Process Signed by Building Receptionist
The 2nd Panel of the Regional Labor Court of Paraná upheld the validity of service of process in a labor lawsuit against an institute that was declared in default for not appearing at the initial hearing. The service was made by registered mail, with return receipt signed by the building’s receptionist. The court ruled that labor procedural law does not require personal service by mail, only proof that the notice was received at the correct address.
Meal and Food Vouchers – Regulatory Changes
The federal government is analyzing a proposal to cap the fees charged by companies that manage meal and food voucher programs, shorten the reimbursement period for merchants, and allow employees’ portability of benefit cards. The proposed fee cap is expected to be set at around 3.5% (currently up to 5%). Portability would enable workers to switch providers at no cost, fostering competition in the sector, reducing costs for supermarkets and restaurants, and lowering food prices.
Occupational Health and Safety – Worksite Interdiction
The Labor Committee of the House of Representatives approved Bill No. 5,648/2023, which expands employer liability for maintaining work activities after a site has been interdicted or a project embargoed by labor inspectors. The bill will proceed in conclusive procedure and still requires review by the Committee on Constitution, Justice, and Citizenship.
Paid Leave – Companion for Single Mothers
The Labor Committee of the House of Representatives approved Bill No. 5,138/2022, granting five consecutive days of paid leave to a person designated by a single mother to accompany her during childbirth, adoption, or custody of a child or adolescent. Under the approved text, the single mother must declare in writing that she has no one else to assist her. The companion must notify the employer 30 days in advance, presenting the declaration and either a medical certificate or adoption certificate. If the birth or custody occurs earlier than expected, preventing 30 days’ notice, the companion may notify the employer by phone or message, with formal documentation submitted afterward. The bill is still under review in the House and will then move to the Senate.
Psychosocial Harm – Moral Damages
The 13th Labor Court of Natal/RN ordered a company to pay moral damages to a service provider who developed work-related mental health issues, including burnout syndrome and anxiety disorder. The court found that the employer failed to adopt measures to promote workers’ physical and mental health and that the organizational environment contributed to the employee’s illness.
Regulated Professions – Technologist in Engineering and Agronomy
The Senate is reviewing Bill No. 384/2024, which regulates the profession of technologists in the fields of engineering, agronomy, geology, geography, and meteorology. The bill has received a favorable opinion from the Economic Affairs Committee and will now be considered by the Social Affairs Committee.
Remote Work – Overtime
The 8th Panel of the Superior Labor Court (TST) ordered a foreign exchange broker to pay overtime to a manager for the entire period in which he worked remotely without a contractual amendment authorizing telework. The court held that since the enactment of the Labor Reform (Law No. 13,467/2017), a shift between on-site and remote work requires mutual agreement and must be formalized through a contractual addendum.
This newsletter is for informational purposes only. For further clarification, please contact our Labor & Employment team. Machado Associados. All rights reserved.
