Labor Law Newsletter | July 2023

Law amends the CLT and establishes measures to promote equal pay between men and women

Law No. 14,611/2023, enacted on July 3, 2023, amends the Consolidation of Labor Laws (CLT) and establishes measures related to equal pay and remuneration criteria between men and women. Continue reading…

Suspended the debate on the inclusion of companies in labor enforcement proceedings

Justice Dias Toffoli, of the Brazilian Supreme Court (STF), requested the records for review (pediu vista) and suspended the virtual trial of an action challenging acts practiced by Labor courts and judges that include, during the judgment compliance or enforcement phase, individuals and legal entities that did not participate in the labor proceedings under the allegation that they belong to the same economic group. The action was filed in 2017 by the CNT (National Confederation of Transport), which argues that the practice of Labor courts or judges, in addition to not being provided for in the legal framework, restricts the fundamental right to an adversarial proceeding, full defense, and due process of law for those seeking to prove they are not part of economic groups. Continue reading…

The Supreme Court and the new statutory scaling of non-pecuniary damages

The Brazilian Supreme Court once again examined another issue involving the Labor Courts, namely, the rule introduced by Law No. 13,467/2017 that capped the compensation amount for moral damages. According to the labor reform, the judge, when assessing the quantum of damages, was required to base it on the aggrieved party’s contractual salary, while also observing the nature of the offense — minor, moderate, severe, and extremely severe. Continue reading…