Labor & Employment | Edition 17

21.11.2025

Key Highlights

Geolocation as Evidence of Working Hours

In two recent decisions, the Superior Labor Court (TST) admitted the use of geolocation data as digital evidence to recognize overtime work. The decisions consider that this type of monitoring does not violate the fundamental right to privacy nor the guarantees established by the General Data Protection Law (LGPD).

Forced Labor in Mining Activities

The 3rd Panel of the Superior Labor Court (TST) recognized the legitimacy of the Public Labor Prosecution Office (MPT) to request recognition of an employment relationship and compensation in a Public Civil Action filed following Operation Cangaia Gold, which investigated cases of forced labor in mining sites in the Amazon region. The identified irregularities included the absence of bathrooms, showers, and cafeterias; improvised bathing areas using water collected from the mountains; food served in unsanitary conditions; and degrading accommodations such as tarp shacks without adequate protection.

Discriminatory Dismissal of an Employee with Chemical Dependency

The dismissal of a construction worker with chemical dependency, who worked at a football club in Curitiba/PR, was deemed discriminatory by the Labor Court of Paraná. The 4th Panel of the Regional Labor Court of the 9th Region ordered the club to pay compensation to the employee, considering that chemical dependency is recognized as a serious and stigmatizing illness and, as such, discriminatory dismissal is presumed, in accordance with TST Precedent 443.

Gradual Extension of Paternity Leave

A report on Bill 3935/08 was presented to the House of Representatives, proposing the extension of paternity leave from the current five days to up to thirty days. The proposed text expands the benefit gradually: ten days in the first year, with successive five-day increases each subsequent year, reaching the limit of thirty days in 2031. The report also provides for the creation of “paternity pay,” following the same rules currently applied to maternity pay, including provisional job stability (up to thirty days after the employee’s return). It also extends the benefit to adoptive fathers and guarantees up to 120 days of leave in the event of the mother’s death. The bill may be voted on in the House Plenary in the coming weeks.

Reinstatement of a Person with Disabilities Dismissed Without Legal Replacement

The 17th Panel of the São Paulo Regional Labor Court declared null the dismissal without cause of a worker with disabilities due to the employer’s failure to hire a substitute under the same conditions. The rapporteur also emphasized that the company’s execution of a Conduct Adjustment Agreement with the MPT, providing for an extended deadline for hiring persons with disabilities, did not justify the employee’s termination without cause.

Productivity Rankings Do Not Constitute Moral Harassment

The 2nd Panel of the Goiás Regional Labor Court ruled that the mere disclosure of productivity rankings or spreadsheets within the workplace, even when employees are individually identified, does not in itself constitute moral harassment or harm to honor and dignity. The decision overturned a ruling requiring a financial institution to compensate an account manager for sharing performance rankings in WhatsApp groups.

Arbitration Clause Invalidated in Employment Contract

The 7th Panel of the Rio Grande do Sul Regional Labor Court reversed a first-instance ruling and recognized the jurisdiction of the Labor Court to hear claims for recognition of an employment relationship and the payment of labor rights. The Panel held that arbitration clauses in employment contracts are ineffective in disputes involving absolutely non-waivable labor rights, ordering the case to proceed to judgment on the merits.

Bill Regulates the Profession of Visual Artist

The Labor Committee of the House of Representatives approved a bill regulating the profession of visual artist, establishing requirements for qualification and practice. A visual artist is defined as a professional responsible for creating artworks involving various forms of visual expression such as painting, sculpture, photography, video, and performance. Under the proposed text, professional registration becomes mandatory, although qualification does not depend on specific academic training. To practice the profession, the artist must prove at least two years of experience and participation with original works in exhibitions in Brazil or abroad. The bill continues its internal processing before being submitted to the Senate.

Constructive Dismissal Due to Improper Transfer

The 4th Panel of the Rio Grande do Sul Regional Labor Court held that the transfer of a saw operator to a city in Santa Catarina—more than 400 kilometers from the original workplace—after returning from social security leave was unlawful. Upon returning from leave related to a workplace accident, the employer informed him that all branches in Rio Grande do Sul were closed due to the flooding that affected the state in May 2024.

Regulation of Labor Rights for Referees and Assistant Referees in Sports Entities

The Senate’s Social Affairs Committee (CAS) approved Bill 864/2019, which sets rules for the employment relationship between referees and assistant referees and sports entities. Under the approved text, when compensation is agreed per event, a minimum monthly salary must be guaranteed to these professionals, to be defined in a collective bargaining agreement, individual employment contract, or by law. The bill also establishes that performance-based bonuses or awards and image rights, when agreed upon, will not be considered salary and must be included in a separate civil contract. The bill now proceeds to the House of Representatives for review.

Employee Leave to Assist Spouse Undergoing Cancer Treatment

The Constitution and Justice Committee (CCJ) of the House of Representatives approved Bill 2558/2024, which allows employees to miss one day of work per week, without salary deduction, to accompany their spouse or partner during cancer diagnosis and treatment, on days of chemotherapy or radiotherapy. The bill now moves to the Senate for consideration.