Labour & Employment | Edition 23

12.03.2026

Key Highlights

Aviation Crew. Compensation Awarded to Flight Attendant for Expenses with Make-up

The 8^th Panel of the Regional Labour Court of São Paulo (TRT 2) overturned a first-instance decision to grant compensation to a flight attendant for expenses incurred with beauty products and services contracted in order to maintain a specific aesthetic standard required by the employing airline. According to the case records, the employer’s “visual presentation manual” required flight attendants to present themselves properly groomed and wearing make-up, including guidance on the shades that best matched the standard lipstick and nail polish colours. In the judgment, the reporting judge noted that “the assertion that the instructions and guidance regarding make-up, nails and hair were merely recommendations by the company cannot be sustained”, for which reason the airline was ordered to reimburse the flight attendant’s personal presentation expenses in the monthly amount of BRL 120. Source: TRT 2.

Discriminatory Dismissal. Rejection in case of chemical dependent

The 7^th Panel of the Superior Labour Court (TST) dismissed an appeal filed by a factory operator who claimed that he had been dismissed due to chemical dependency. According to the panel, no discrimination was established, as the employer was aware of the employee’s dependency and the employee had been participating in a recovery programme offered by the company. In the labour claim, the employee stated that he had undergone several hospitalisations and periods of medical leave and that he was dismissed while still undergoing medical treatment, following a nervous breakdown. In its defence, the company argued that the employee had experienced health problems arising from chemical dependency since 1994, when he was 16 years old. His hiring took place ten years later, and he remained employed for nine years thereafter. The company further stated that it closely monitored the entire medical and clinical treatment, providing all necessary support. According to the reporting judge, the fact that the employer had been aware of the employee’s chemical dependency since 2010 and that the employee had participated in the Chemical Dependency Employee Recovery Programme offered by the company reinforces the conclusion that the dismissal was not based on the illness. Source: TST.

Employment Relationship. Lack of legal bound between a minority shareholder and the family business group

The 2^nd Panel of the Superior Labour Court (TST) dismissed the appeal of a minority shareholder seeking an employment relationship acknowledgment with companies belonging to his family business group. According to the panel, it was established that, from May 1996 onwards, the shareholder held 20% of the share capital of companies within the family group, a participation that was later reduced with the inclusion of other siblings in the companies. Based on documents and testimonies gathered, the Court concluded that he held the highest level of authority within the companies in which he simultaneously served as C-Level. There were no indications of subordination, and he was able to be absent from work without need for authorisation or accountability. Source: TST.

Employment Relationship. Work Performed Two Days per Week

The Regional Labour Court of Rio Grande do Sul (TRT 4) confirmed the existence of an employment relationship between a shop assistant and a food products store even though services were rendered only twice per week. In the panel’s view, notwithstanding the fact that the working relationship lasted only three months, the employee complied with fixed working hours and followed direct instructions, thereby establishing the elements of legal subordination. Source: TRT 4.

Job Accrual. Salesperson and Digital Marketing Activities

The 6^th Panel of the Regional Labour Court of Minas Gerais (TRT 3) dismissed the appeal of a make-up shop salesperson who sought an increase in salary on the grounds of an alleged duties accrual related to digital marketing. The reporting judge, however, rejected the employee’s arguments, considering that she possessed the capacity and skills required to perform multiple tasks, which were compatible with each other. Source: TRT 3.

Labour Enforcement. Reverse Piercing of the Corporate Veil to Hold Companies Unrelated to the Original Claim Liable

The 8^th Chamber of the Regional Labour Court of Campinas (TRT 15) upheld a decision recognising the reverse piercing of the corporate veil in order to include companies belonging to a shareholder of the primary debtor in the passive side of labour enforcement proceedings. The panel confirmed the validity of the measure to ensure payment of the claim, which has privileged status. After several unsuccessful attempts to locate assets belonging to the principal debtor and its shareholders, the first-instance court admitted the procedural incident and redirected enforcement against companies in which one of the shareholders of the principal debtor acts as administrator and holds the majority of the corporate shares. When analysing the appeal, the collegiate body dismissed the companies’ allegation of lack of standing as defendants, as it had been demonstrated that they maintained a direct corporate relationship with the shareholder of the principal debtor, a circumstance that justified their liability. Source: TRT 15.

Labour Enforcement. Waiver of Probate Proceedings for the Inclusion of Successors as Labour Creditors

The 6^th Panel of the Regional Labour Court of Minas Gerais (TRT 3) recognised the standing of the children of a deceased worker to claim their late father’s labour rights. According to the reporting judge, labour case law has become consolidated in favour of a more flexible interpretation of Law No. 6,858/1980, allowing dependants and heirs of a deceased worker to bring claims before the courts to pursue labour credits without the need to initiate probate proceedings or formally appoint an estate administrator, in view of the social purpose of the law and the informality that characterises labour proceedings. Source: TRT 3.

Sports Law. Liability of a Football Corporation (SAF) for Labour Entitlements of a Physical Trainer

The 6^th Panel of the Superior Labour Court (TST) ordered that proceedings be returned to the lower court so that it may analyse documents and arguments presented by a SAF regarding its alleged lack of liability for labour entitlements owed to a physical trainer of the women’s football team who had been hired before the club was transformed into a SAF. In its appeal to the TST, the entity argued that it could not be held liable because the termination of the physical trainer’s contract had been handled directly by the sports association and the credit had already been included in the club’s judicial reorganisation proceedings and should therefore follow the statutory order of payment. It further maintained that a SAF does not automatically assume the association’s debts and that such liability only arises when there is a formal transfer of liabilities or, subsidiarily, if the club fails to comply with the Centralised Enforcement Regime plan. According to the SAF, its role was limited to providing financial support to the club, without assuming prior labour debts. Source: TST.

Sports Law. Night Work Allowance Claimed by the Family of a Deceased Player

The 1^st Panel of the Superior Labour Court (TST) recognised the right of family members of a deceased football player to receive night work allowance due to matches played during that period of the day, as well as the fact that the professional remained at the club’s disposal after matches in the event that he was selected for anti-doping testing. The panel held that, although the Sports Law provides only for remuneration increases related to periods of concentration, travel, pre-season and participation in matches as contractually provided, the Labour Law and the Federal Constitution guarantee payment of night work allowance to all workers performing work after 10:00 p.m. Source: TST.