"The Employment Reform five years later: certainties, uncertainties and expectations": download our e-book
In the last five years, the Employment Law Reform has made various changes in the lives of Brazilian employers and employees, some immediate and some just now being felt.
We’ve prepared an e-book containing our views on different aspects of the Reform. In the book’s articles, we look at what changes have been more readily accepted by employers, employees and the Labor Courts, what questions still generate debate, and what we can expect in coming years: more reform or counter-reform.
View the articles that interest you by clicking on the titles in the following list, or click here to download the entire e-book.
Click on the articles that interest:
The Employment Reform five years later
By Luiz Marcelo Góis
Even five years later, the Reform still arouses interest, partly because some of the issues it addressed immediately became a central part of day-to-day work, and partly because some of the new provisions are only now being put into practice
Higher-level employees
By Tatiana Conde Ribas
A new provision in Brazil’s labor code leaves employers and employees free to negotiate on certain matters
Some thoughts on the payment of incentive rewards
By Cibelle Linero and Thais de Barros Meira
The changes made to the payment of incentive rewards by Law 13.457/2017 were welcomed by employers when the Employment Reform came into effect
Negotiation versus legislation
By Fernanda Alves Pires Marques
The Employment Reform introduced greater flexibility in labor rights through collective bargaining, but even five years after the law was passed, some of the changes are still being questioned
Union dues are no longer compulsory. Or are they?
By Ana Luisa Nascimento Dantas
The question is, does a negotiation fee paid to workers’ unions by employers have any basis in the legislation or the Constitution?
Teleworking: from the Employment Reform through the Covid-19 Pandemic to PM 1108
By Thiago Alves Gomes
Teleworking grew rapidly starting in the first quarter of 2020 and soon more than eight million Brazilians were working remotely, representing 12.5% of the country’s working population
Overtime banks, five years later
By Julia Soave Garcia
Introduced in the 2017 Employment Reform, overtime banks find support with both employees and employers
Homologation of employer-employee settlements by the Labor Courts
By Larissa Medeiros Rocha
The intention behind the introduction of the provisions was to promote the principle of conciliation that is inherent to the Labor Courts
Time spent travelling to and from work after the Employment Reform
By Rafaela Mariana de Souza Fonseca
Views on travel time have changed, and it is no longer considered to be part of employees’ working hours
Economic groups and the Employment Reform
By Marina Motta Albernaz
A controversial question that arose with the changes made by the Reform is whether all the companies within an economic group must be included in employment lawsuits
Limits on damages for non-economic injury
By Fernanda Rochael Nasciutti
Following the Employment Reform, the Labor Courts are required to fix the amount of reparation for non-economic injury according to the seriousness of the offense, with minimum and maximum amounts in each case
Termination of employment by agreement
By Julia Soave Garcia
A fundamental element of bilateral termination (not least to avoid future litigation over the validity of the agreement) is the free expression of the parties’ interest in, and consent to, terminating the employment relationship, particularly on the part of the employee
Mass dismissals in Brazil
By Fernanda Rochael Nasciutti
The questions surrounding mass dismissals have always afflicted the corporate world, especially in times of economic or financial crisis, when business owners may have to resort to mass dismissals in order for the business to survive, or, in the worst-case scenario, when they have to shut down operations
Brazil’s Supreme Federal Court and the Employment Reform
By Thiago Alves Gomes
An overview of the challenges to the Employment Reform now before the Supreme Court shows there are many more cases still pending than cases that have been decided
Union reform following the Employment Reform
By Ana Luisa do Nascimento Dantas and Rafaela Mariana de Souza Fonseca
Law 13.467/2017 and the changes made to unions’ organization and prerogatives brought the debate over the need for broad union reform into the spotlight
Awards of costs and attorneys’ fees in employment lawsuits after the Employment Reform
By Marina Motta Albernaz
One of the most polemic issues under the Employment Reform relates to free access to the courts and court-awarded attorneys’ fees
The challenges of establishing arbitration as a means to resolve employment disputes
By Larissa Medeiros Rocha and Luiza Romanó Pedroso
The Employment Reform deals with the possibility quite succinctly, imposing only two requirements for the use of arbitration in employment relations
Limitation of enforcement proceedings in the Labor Courts
By Letícia Pereira Dias
The conflict between the positions adopted by Brazil’s highest courts resulted in immense uncertainty, and made it possible for the Labor Appeal Courts to take diverging views on whether proceedings to enforce judgments could become time barred or not
Intermittent work, five years later
By Cibelle Linero and Ana Wian Cheng
The Labor Courts have validated intermittent work, confirming that this type of employment can be agreed on between the parties regardless of the nature of the employer’s business or the job duties performed by the employee
Pregnant and nursing employees and health risks at the workplace
By Cibelle Linero and Beatriz Beré Motta
The Employment Reform established different consequences for work by pregnant employees, depending on the degree of risk involved
Piercing the corporate veil in the Labor Courts
By João Paulo Ferreira Ramos and Pedro Paulo Xavier de Oliveira
The Employment Reform introduced specific rules on piercing the corporate veil in the Labor Courts, with rules applicable to the litigating parties, procedural deadlines, and requirements for bringing the incidental proceeding, none of which existed prior to 2017
The next chapter: more reform or counter-reform?
By Luiz Marcelo Góis
Even five years later, the Employment Law Reform continues to appear on Brazil’s political and ideological stage, and will certainly play a leading role not only in the presidential elections in October but also in the political agenda for the term starting in 2023
