Labour & Employment | Edition 26

23.04.2026

Key Highlights

Appeal Deposit Made by a Third Party is Admissible

The Superior Labour Court (TST) recognised the validity of the payment of court costs and appeal deposits by a third party not involved in the proceedings, provided that the requirements applicable to the main party are met. The thesis was established in the judgment of repetitive appeals (Topic 41) and will guide decisions of the Labour Courts at all levels. For validity, the appeal deposit must be made in legal tender, in the full amount, within the appeal deadline, and supported by proper proof containing elements linking the payment to the case. Source: SLC

Collection of labour claims via the FGTS Digital system

The module of the “FGTS Digital” system for collecting deposits of this nature arising from labour claims is in the final stage of development by the public authority, with an expected start date of 01/05/2026. This date refers to either the court ruling or judicial order for compliance with a final and unappealable decision, or the date of execution of an agreement before a Prior Conciliation Commission or Inter-union Conciliation Centre. The use of the FGTS Digital form will be mandatory for all employers, except domestic employers. Source: Ministry of Labour and Employment

Extended paternity leave to 20 days

Law No. 15,371/2026 has been enacted, extending paternity leave from 5 to 20 days and creating paternity pay, a benefit paid by the Public Social Security that guarantees income to employees during the leave period. The extension will be gradual, increasing to 10 days in 2027, 15 days in 2028 and 20 days in 2029. The new legislation also equates paternity leave with maternity leave as a social right, ensuring the father job tenure from the beginning of the leave until one month after its end. The benefit will be granted in cases of premature birth, adoption/obtaining legal custody for adoption purposes, and the death of the mother. Source: Ministry of Social Security

Gig Economy. App driver acknowledged as a digital casual worker

The 4th Panel of the São Paulo Regional Labour Court (TRT SP) acknowledged, by majority vote, the classification of an app driver as a casual worker in a digital platform context, rejecting the existence of a traditional employment relationship, but ensuring the payment of labour entitlements. In ruling on the appeal, the panel agreed that not all elements required for recognising a traditional employment agreement were present, such as classic legal subordination, strict personal service, and continuity of services. However, it also rejected classifying the driver as a self-employed professional, as there was economic and structural dependence on the platform, lack of bargaining power, and subjection to rules unilaterally imposed by the platform. As a result, the company was ordered to pay notice pay, 13th salary (Christmas bonus), holiday entitlements for the years 2023 and 2024, the penalty under Section 477 of the Labor Code, and FGTS deposits for the entire period worked, plus a 40% fine. Source: TRT SP

Hazard and risk allowances for Elementary Teachers

The Chamber of Deputies has begun analysing Bill No. 5,264/2025, which provides for the payment of a hazard allowance to teaching professionals in elementary education (from nurseries to secondary school). Under the terms of the bill, the allowance will be due in cases of exposure to environments with potential health risks, such as mass viral and bacterial contagion, common in such establishments, as well as environments with high stress levels or excessive noise, as confirmed by expert assessment. The proposal will be analysed, on a conclusive basis, by the Committees on Labour; Education; Finance and Taxation; and Constitution and Justice and Citizenship. Source: Chamber of Deputies

Improper use of employees’ name in technical reports

The 3rd Panel of the Superior Labour Court (TST) upheld a company’s conviction to pay compensation to a workplace safety professional whose name was used without authorisation in engineering technical reports. In addition to the company admitting the improper use of the name, confirmed by witnesses, the decision noted that the correction of the error was neither immediate nor spontaneous, having only occurred after legal action was filed. The reporting judge also stated that the employer’s conduct, besides being unlawful, put the employee’s professional reputation at risk, given the undue accountability before the professional regulatory body (CREA). Source: TST

Internship acknowledged as professional experience

The Federal Senate approved Bill No. 2,762/2019, which acknowledges internships as professional experience, facilitating access to job vacancies and public examinations for such professionals by reducing the requirement for prior experience. The text is now pending presidential sanction. Source: Federal Senate

Private pension payments made off the books are part of monthly salary

The Superior Labour Court (TST) acknowledged that amounts paid off the books as private pension contributions to a senior executive have a salary status and therefore must be included in remuneration for the calculation of other labour entitlements. The Court noted that the lower court’s decision had relied on documentary and testimonial evidence sufficient to demonstrate the salary status of the benefit. Source: TST

Validity of employee dismissal carried out via WhatsApp

The 7th Panel of the Regional Labour Court of Rio Grande do Sul (TRT 4) ruled that dismissal of an employee via WhatsApp does not automatically give rise to compensation for moral damages, upholding the first-instance decision. In the case, an administrative assistant providing services to a public entity was informed via the application, during a rest period, that the agreement would not be renewed. The employee filed a claim seeking payment of salary and termination entitlements, as well as compensation for delayed payment and for the manner of dismissal, which was considered disrespectful and humiliating. Source: TRT RS