Labor & Employment | Edition 15

01.10.2025

Key Highlights

Agribusiness – Hazard Pay for Pesticide Exposure

The 3rd Chamber of the Regional Labor Court of Campinas unanimously upheld the conviction of a citrus agribusiness company, requiring payment of hazard pay and moral damages to a worker exposed to chemical agents such as pesticides without adequate protection. The court further ruled that the mere provision of personal protective equipment (PPE) is insufficient to neutralize exposure. Proper supervision of correct PPE usage and the provision of adequate training are mandatory.

Discriminatory Dismissal – Psychiatric Treatment

The 3rd Panel of the Superior Labor Court (TST) upheld a decision ordering an insurance company to compensate a business superintendent dismissed while undergoing psychiatric treatment, characterizing the termination as discriminatory. According to the reporting judge, the company exceeded its managerial prerogative by dismissing an employee whose physical and mental condition had been confirmed by a medical expert.

Employment Relationship – Employee Serving a Home Confinement Sentence

The 3rd Panel of the Regional Labor Court of Rio Grande do Sul recognized the employment relationship of a tire repairman serving a sentence under open and home confinement regimes. The shop owner admitted the provision of services in a habitual, personal, subordinate, and remunerated manner but argued that the Penal Execution Law prevented the formation of an employment relationship for convicted individuals. The Court, however, upheld the employment bond, reasoning that although the law provides such a restriction, it must be applied narrowly and not extend strictly to sentences served in open regimes.

Employer’s Civil Liability – Work-Related Homicide.

The House of Representatives presented Bill 1077/2025 to establish the employer’s civil liability in cases of suicide or attempted suicide of employees in the work context – whether caused by harassment or harmful conditions affecting their mental health. The Bill provides for employer liability even if the event occurs outside the workplace. The Bill begins its internal review in the House before moving forward to the Senate.

Prohibition of Vehicle Seizure – Persons with Disabilities (PwD)

The House Committee on the Rights of Persons with Disabilities approved Bill 2,203/2025, which prohibits the seizure of vehicles belonging to PwD individuals or their family members. According to the text, to be considered exempt from seizure, the vehicle must be essential to ensuring the right to personal mobility. The rule does not apply to high-value vehicles. The Bill continues its review within the House before being sent to the Senate.

Psychosocial Damages – Expert Report Prevails over Social Media Photos

The 15th Panel of the Regional Labor Court of São Paulo upheld the conviction of a food industry company to compensate a workplace safety technician who developed anxiety and depression due to a hostile work environment. Although the employer presented social media posts from the employee showing an active social life, allegedly inconsistent with her declared health condition, the Court held that the expert report produced during the proceedings prevailed over other evidence.

Remote Work and Flexible Workload – Priority for Parents of Children with Cancer

The House Labor Committee approved Bill 2,549/2022, granting employees responsible for minors under 18 diagnosed with cancer priority access to remote work and flexible work schedule programs. The text also ensures that parents or guardians in this situation are entitled to paid leave of up to ten days after the child or adolescent’s diagnosis. The Bill now moves to the Federal Senate for further review.

Self-Employment and Outsourcing – Working Conditions

On Monday (29), the Senate Plenary held a thematic debate session to discuss the flexibilization of labor relations, focusing on practices such as “pejotização” (engagement of individuals through legal entities), outsourcing, and irregular intermediation. Among the issues discussed, senators analyzed the impact of these forms of contracting on labor rights, informality rates, and the sustainability of the Social Security system. The Senate’s initiative is aligned with the Federal Supreme Court (STF), which has scheduled for October a public hearing with broad sectors of society to discuss the matter, aiming to decide Case 1389, which specifically addresses the scope and limits of “pejotização” in labor relations.

Workplace Harassment – Employer Containment Measures

The 3rd Panel of the Superior Labor Court (TST) upheld a request from the Labor Prosecutor’s Office to require a furniture group to adopt several measures to prevent workplace harassment. The obligations were imposed after evidence of widespread harassment practices. Among the measures, companies must display the court decision in a visible place frequented by employees for 30 consecutive days and pay a daily fine of R$ 1,000 per worker involved or harmed.

Zootechnicians – Minimum Wage

The House Labor Committee approved Bill 2,816/23, which sets the minimum salary of zootechnics professionals at six minimum wages (currently R$ 9,108). The profession requires a complete higher education degree or a technological diploma. The Bill amends Law 4,950-A/1966, which defines the remuneration of graduates in engineering, chemistry, architecture, agronomy, and veterinary medicine. The Bill now proceeds to the Senate before becoming law.