Labour & Employment | Edition 22

19.02.2026

Key Highlights

Early Childhood Education. Classification of Assistant as Teacher.

The 4th Panel of the Regional Labour Court of Rio Grande do Sul acknowledged the classification of an assistant as an early childhood education teacher. As a result of the decision, the professional will be entitled to salary differences based on the category’s minimum wage floor and to an additional payment for academic development. In examining the case, the Court concluded that the activities performed by the employee, such as planning pedagogical activities, even if under supervision, and carrying out educational activities, characterised the role of an early childhood education teacher. Source: TRT 4

Health and Safety at Work. No Link Between Driver’s Depression and Employment.

The 7th Panel of the Superior Labour Court (TST) upheld the lower courts’ decisions rejecting the reinstatement of a driver and setting aside the order against a financial market employer to pay compensation for moral and material damages. The Court held that no link between the employment and the illness had been established, which is a key element for the employer’s civil liability in cases of occupational disease. Source: TST

Job Accrual. Compatibility of Administrative Activities Excludes Entitlement to Salary Differences.

The 9th Chamber of the Regional Labour Court of Campinas dismissed a claim for an additional payment for job accrual filed by an employee hired as a baker, who alleged that, in addition to her core duties, she performed administrative and managerial tasks such as preparing work schedules, placing purchase orders, managing orders and controlling inventory. According to the Court, the additional tasks were of low complexity, inherent to the functioning of the sector and connected to the position performed, and therefore no salary differences for job accrual were due. The decision further highlighted that, pursuant to the Brazilian Job Title Classification (CBO), both bakers and bakery supervisors share activities such as preparing records, material requisitions and production reports, evidencing the compatibility of the tasks with the role performed. Source: TRT 15

Labour Arbitration. Validity Acknowledged Even in the Absence of a Prior Arbitration Covenant in the Employment Agreement.

An employee in the IT industry judicially challenged an arbitral award granting full discharge of his employment agreement, alleging that there was no contractual clause authorising recourse to arbitration. The employer, in turn, argued that, after hiring, the employee had signed a term expressly agreeing to resolution of disputes through arbitration. Although the first and second instance courts had set aside the validity of the instrument on the grounds that an arbitration agreement would not be valid in the absence of a prior arbitration clause in the employment agreement, the Superior Labour Court (TST) overturned the decisions favourable to the employee. The Court held that a prior arbitration clause is not required in order to submit a labour dispute to arbitration, since Section 507-A of the Labour Code protects the employee at the time of hiring, when he or she is more vulnerable, but does not prevent the parties, after termination of the agreement, from freely entering into an arbitration covenant. Source: TST

Labour Enforcement. Fraud Acknowledged in Transfer of Vehicle to Debtor’s Son.

The 3rd Panel of the Regional Labour Court of Minas Gerais dismissed an appeal filed by the judgment debtor and upheld the attachment of a vehicle transferred by the debtor to his son. The Court acknowledged the existence of fraud in enforcement in relation to the transfer of the vehicle, as the debtor failed to present essential documents that could demonstrate good faith in the transfer, nor did he prove the son’s possession or acquisition of the vehicle, such as maintenance service invoices, an insurance policy in his name, and declaration of the asset for income tax purposes. Source: TRT 3

Labour Enforcement. Limitation on Attachment of Income Tax Refund of Debtor Company’s Shareholders.

The Superior Labour Court (TST) limited the attachment to 10% of the income tax refund of two shareholders of a debtor company to comply with a credit acknowledged by the Labour Court. The employee benefiting from the attachment sought to increase the withholding to 50%, but the Court dismissed the request on the grounds that the statutory cap applicable to the attachment of salary-related amounts is not mandatory, and it is for the judge, in each specific case, to determine the percentage so as to reconcile payment of the debt with the debtor’s subsistence. Source: TST

Labour Enforcement. Possibility of Attachment of Property Owned by a Semi-Public Corporation Improperly Listed by the Public Administration.

The 8th Panel of the Superior Labour Court (TST) dismissed an appeal filed by the Municipality of Rio de Janeiro and the Planetarium Foundation of that city against the attachment of the land on which the Gávea Planetarium operated, intended to satisfy labour debts of the State Housing Company (Cehab). The property, owned by Cehab, a Semi-Public corporation, was used by the Planetarium for the development of its cultural and educational activities. The Panel held, however, that notwithstanding the fact that public activities were carried out on the property, its legal nature is private, given that it is owned by a Semi-public company, thereby excluding the inalienable and unseizable status attributed to public assets under the Federal Constitution. Furthermore, the Court acknowledged fraud in enforcement committed by the Municipality of Rio de Janeiro in improperly imposing heritage listing restrictions on the property to prevent its disposal and the settlement of Cehab’s labour claims. Source: TST

Maternity Leave. Abolition of Qualifying Period for All Workers.

The Senate’s Economic Affairs Committee approved Bill No. 1,117/2025, which abolishes the qualifying period for maternity leave in all cases provided for by law. Currently, only employees governed by the Labour Code, casual workers and domestic employees who are insured are not required to complete the ten-month contribution qualifying period to benefit from paid maternity leave. The bill extends the exemption from the qualifying period to all contributors, including individual, special and voluntary insured persons. The matter now proceeds to final decision by the Senate’s Social Affairs Committee. Source: Federal Senate

Paternity Leave Extent. Increase to 30 Days under the “Citizen Company Programme”.

The Chamber of Deputies will analyse this year Bill No. 368/2025, which extends the total duration of paternity leave from the current 20 days to 30 days (5 days provided by law plus a new 25-day extension) for employees of companies enrolled in the “Citizen Company Programme”. According to the proposal, the employee may opt to replace the 25-day extension with the provision of services under telecommuting for up to 120 days, provided that such arrangement is compatible with the duties performed. The bill is subject to conclusive procedure and will be examined by the Labour, Constitution and Justice, and Citizenship Committees before being referred to the Senate. Source: Chamber of Deputies

Regulated Professions. Disclosure of Registration Status.

The Chamber of Deputies will analyse Bill No. 1200/2025, which requires professional regulatory bodies to publish on their websites a list of professionals with active and inactive registrations, as well as information on ongoing administrative proceedings, suspensions and cancellations of registrations. The disclosure must comply with the Brazilian General Data Protection Law and may not expose information unrelated to the professional activity. According to the Members of Parliament, the purpose of the bill is to protect citizens from potential harm when engaging professionals subject to ethical or legal restrictions, particularly in the fields of healthcare, engineering, law and education. The bill is currently under internal consideration in the Chamber before being referred to the Senate for review. Source: Chamber of Deputies

Sports Law. Strict Liability of Football Club for Work-Related Accident.

The 10th Chamber of the Regional Labour Court of Campinas ordered a football club to pay compensation for moral damages to a professional player who suffered a workplace accident during his on-field activities. The athlete sustained an anterior cruciate ligament injury to his right knee and, after undergoing surgical treatment, returned to work eight months later without any limitation. The Court upheld the lower court’s decision ordering the club to pay compensation, finding “undeniable pain, anguish and suffering experienced by a person who, as a result of a misfortune, becomes temporarily unable to carry out his normal and professional activities”. Source: TRT 15