Labour & Employment | Edition 33

19.08.2026

Key Highlights

Reorganisation of Rules and New Statute. The Social Affairs Committee (CAS) of the Federal Senate approved Bill (PL) 6,461/2019, which establishes the Apprentice Statute and reorganises the rules applicable to professional apprenticeships. The proposal defines an apprenticeship as an employment contract aimed at technical and professional training through a combination of theoretical and practical activities and provides for preferential hiring of adolescents aged between 14 and under 18, as well as priority for young people in situations of vulnerability or social risk. The text maintains the mandatory hiring of apprentices by each business establishment, with a quota of between 5% and 15% of workers and establishes that the contract will have a maximum duration of two years, subject to exceptions for persons with disabilities and students enrolled in upper-secondary technical courses. The proposal also guarantees employment and social security rights, transport allowance, holidays compatible with the school calendar and temporary employment protection for pregnant apprentices and apprentices who are victims of occupational accidents. In addition, it provides that remuneration received by apprentices will not be considered when calculating household income for the purposes of eligibility for income transfer programmes. The Bill will proceed under an urgent procedure for a vote in the Plenary, after which it will be sent to the Chamber of Deputies. Source: Federal Senate

Breaks and Rest Periods. Breastfeeding Rights of Nursing Employees. The Minas Gerais Regional Labour Court (TRT MG) overturned the dismissal for cause of an employee who did not return to work following maternity leave because she was unable to reconcile her working hours with breastfeeding her child. The 7th Panel concluded that there had been no intention to abandon her employment, as the employee had approached the company seeking appropriate arrangements but had not been offered any concrete alternative. The establishment also failed to demonstrate that it had provided an appropriate facility, an arrangement with a childcare centre, childcare allowance or other measures provided for by law. The dismissal was converted into a dismissal without cause, with the employee being granted the corresponding termination entitlements. Source: TRT MG

Death of an Employee. Compensation for Occupational Accident Following Recognition of Paternity. The Superior Labour Court (TST) ruled that the son of a worker who died in an occupational accident may claim compensation even where paternity is judicially recognised after the worker’s death. The accident occurred in 1989, but the parent-child relationship was only confirmed in 2014, with the claim for compensation being brought the following year. According to the 7th Panel, the three-year limitation period began to run from the recognition of paternity, which was the point at which the son acquired standing to exercise the right. Accordingly, the finding that the claim was time-barred by the lower courts was overturned, and the case will return to the Labour Court of first instance for consideration of the claim for compensation, which has not yet been definitively awarded. The reporting Justice in the case, Cláudio Brandão, held that Repetitive Theme No. 1,200 of the Superior Court of Justice (STJ) did not apply. Under that precedent, the limitation period for an action to claim an inheritance begins upon the opening of succession. The Justice considered that the precedent concerned succession matters, whereas the proceedings under consideration involved the son’s own right to compensation for damages arising from his father’s death before the Labour Courts. Source: TST

Dismissal for Cause. Harassment of a Customer. The Superior Labour Court (TST) upheld the dismissal for cause of an employee accused of inappropriate conduct while assisting a customer. The employee had previously been given a warning and suspended for similar conduct, thereby establishing repeated misconduct. In the proceedings, although he alleged that he suffered from alcoholism and psychiatric problems, the 3rd Panel concluded that the existing evidence was compelling, ruling out the need to produce further evidence. Source: TST

Dismissal for Cause. Sale of Medicines in the Workplace. The São Paulo Labour Court upheld the dismissal for cause of an employee who sold ampoules of tirzepatide, the active ingredient in weight-loss injection pens such as Mounjaro, in the workplace. In the Court’s view, the seriousness of the conduct and the administrative and health risks imposed on the employer’s establishment justified immediate dismissal for cause, without the need for a warning or suspension. Anvisa also clarifies that unregistered medicines may only be imported on an exceptional basis for personal use, subject to a medical prescription and compliance with the applicable requirements, and that their sale is prohibited. In view of the indications of irregular importation and sale, in addition to rejecting the claims seeking reversal of the dismissal for cause and compensation for non-material damages, the Court ordered that official notices be sent to the Federal Police and Anvisa for investigation of the facts. Source: TRT SP

Electoral Harassment. Mandatory Attendance at Political Rally. The São Paulo Regional Labour Court (TRT SP) upheld the order requiring an employer to pay compensation for non-material damages to an employee who had been required to attend electoral rallies. According to the proceedings, employees who failed to attend could face salary deductions, be “marked out” or dismissed, while those who participated were promised time off. In the Court’s view, the institution exceeded its managerial authority by attempting to influence the workers’ political views, thereby violating the freedom of conscience, dignity and political self-determination guaranteed by the Federal Constitution. The constructive dismissal of the employment contract was also recognised, together with payment of the corresponding termination entitlements. Source: TRT SP

Employment Relationship. Religious Institution. The Minas Gerais Regional Labour Court (TRT MG) ruled that the activities carried out by the wife of an evangelical pastor for a church did not constitute an employment relationship. According to the 10th Panel, the services were provided voluntarily, based on religious convictions and in collaboration with the ministry carried out by her husband, without legal subordination or direct payment of salary. Any financial assistance intended to support the pastor and his family had welfare status rather than remuneration. In a unanimous decision, the Panel upheld the judgment rejecting the employee’s claim, emphasising that work motivated by faith and religious vocation does not constitute an employment relationship where the requirements set out in Article 3 of the Brazilian Consolidation of Labour Laws (CLT) are absent. Source: TRT MG

Enforcement of Labour Judgments. Liability of Shareholders/Partners. The 6th Chamber of the Campinas Regional Labour Court (TRT 15) upheld the liability of the shareholders/partners of a company in labour enforcement proceedings. In view of the insufficiency of the legal entity’s assets to settle the debt, an Incident for Disregard of Legal Entity Status (IDPJ) was initiated with the aim of directing enforcement against the assets of the shareholders/partners. In their defence, the shareholders/partners argued that they could not be included in the enforcement proceedings on the basis of General Repercussion Theme 1,232 of the Federal Supreme Court (STF), which, in summary, restricts the late inclusion, for the purpose of collecting labour debts, of companies belonging to the same economic group that did not participate in the proceedings. The Court held that the theme did not apply, on the grounds that the case did not involve the inclusion, at the enforcement stage, of a new company belonging to the economic group, but rather the inclusion of the shareholders/partners of the principal debtor company. Source: TRT 15

Occupational Health and Safety. Psychosocial Risks. The São Paulo Labour Prosecution Office (MPT SP) opened an investigation into potentially improper workplace conditions at a cleaning products factory after an outsourced worker attacked colleagues inside the facility. Three workers died because of their injuries, in addition to the perpetrator of the attacks. The investigation will examine work organisation and the management of psychosocial risks considering reports of possible interpersonal conflicts among those involved. Regulatory Standard 01 (NR 1), which governs Occupational Risk Management (GRO), requires companies to identify, assess and adopt preventive measures relating to work-related psychosocial risk factors and to include them in their Risk Management Programme (PGR). Source: MPT SP

Paternity Leave. Improper Deductions. The São Paulo Regional Labour Court (TRT SP) upheld the judgment against a company that had recorded an employee’s paternity leave days, and other absences supported by medical certificates as unjustified absences. The 4th Panel ordered the reimbursement of the amounts deducted, emphasising that absences guaranteed by law or duly justified may not result in financial loss to employees. In 2026, paternity leave remains five days and may be extended to 20 days at companies participating in the Empresa Cidadã From 1 January 2027, however, Law No. 15,371/2026 will come into force, gradually extending the leave period to 10 days in 2027, 15 days in 2028 and 20 days in 2029. The new legislation also creates a paternity allowance, covers birth, adoption and judicial custody for adoption purposes, and prohibits dismissal without cause between the beginning of the leave period and one month after its end. Source: TRT SP

Slavery Condition. Combating Degrading Working Conditions. A joint operation by the Ministry of Labour and Employment (MTE), the Labour Prosecution Office (MPT) and the Federal Police (PF) rescued two workers subjected to conditions analogous to slavery on a cattle farm in the rural area of Santana do Livramento, Rio Grande do Sul. The employees were living in a wooden shed with leaks, exposed electrical wiring and degraded sanitary facilities, which was also used to store tools, animal feed, saddles and other materials. Animals from the property had access to the rooms, and the entrance to the accommodation was partially flooded. The workers were taken back to their homes and will receive the documentation required to claim unemployment benefit. The MPT is seeking payment of the termination entitlements and the execution of a Conduct Adjustment Agreement (TAC) with the employer to prevent further occurrences. Source: MPT RS

Social Security Funding. GILRAT by Branch. The Brazilian Federal Revenue Service (RFB) clarified, through COSIT Tax Ruling No. 124/2026, that GILRAT, a social security contribution paid by companies to fund benefits related to occupational accidents, occupational diseases and special retirement benefits, must have its rate determined separately for each of the company’s branches (head office and construction sites). In determining the applicable percentage, consideration must be given to the activity employing the largest number of employees and non-employee workers at each unit, rather than solely to the company’s principal CNAE classification. The rate may be 1%, 2% or 3%, depending on the degree of risk associated with the activity, and is generated by eSocial based on the information provided by the company. It is therefore advisable to review the data reported in the system, as classification errors may result in contributions being paid below the amount due, leading to the collection of differences, interest and fines, or in payments exceeding the correct amount. Source: Official Gazette of the Federal Government