Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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New Ordinance on Professional Apprenticeship Programs

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Advogados

On October 20, 2023, the Labor and Employment Ministry issued Ordinance # 3,544/2023, providing for new rules for apprenticeship programs. Some changes include:

• Allowing apprentices hired by service-providing companies to conduct their activities on the premises of the company hiring their services;
• The Brazilian Labor Code will no longer apply to apprentices working remotely, and the specific apprenticeship laws/norms will apply;
• New requirements for educational institutions such as the obligation to hire a psychologist or a social worker to support apprentices.

The new ordinance will become effective within 90 days of its publication on October 20, 2023. Review Ordinance #3,544.

Commercial Sectors May Only Operate on Sundays and Holidays if Authorized by Collective Bargaining Agreement and a Municipal Law

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Advogados

Effective March 1, 2024, the ordinance allowing permanent work authorization on Sundays and holidays for some sectors of commerce is being revoked. The new ordinance reinstates prior rules for commercial retail and trade businesses and requires that (i) work on Sundays, for commerce in general, must comply with municipal legislation, and (ii) work on holidays must be authorized by a CBA and comply with municipal legislation.

The CBA applicable to each sector may contain specific provisions regarding work on Sundays and holidays, such as, for example, the need for authorization by collective bargaining agreement and special remuneration. Click to review Ordinance #3,665 and Ordinance #3,708.

New Regulations on the Preparation of Pay Transparency Reports

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Advogados

Brazil has issued two new ordinances setting forth specifications for the preparation of the salary transparency and remuneration criteria reports required, under Brazil’s recently enacted equal pay law, applicable to all companies with 100 or more employees. Ordinance 3,714, published on November 27, 2023, provides that the Ministry of Labor and Employment itself will collect information and prepare the reports, using the data provided by employers in the eSocial system and in the “Emprega Brasil” web portal. Companies must publish the reports prepared by the Ministry on their websites, social networks or other means that guarantee their wide dissemination, not only to employees but also to the public in general. Companies must also provide training to managers and employees on equality in the workplace.

If the Ministry of Labor and Employment finds wage inequality, companies will be required to prepare and present an action plan to remedy the problem. A copy of the plan must be filed with the employees’ trade union. Review Decree #11,795 and Ordinance #3,714.

Discrimination, Stress at Work and Moral or Sexual Harassment, Among Others, are Now Considered Causes of Occupational Diseases

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Advogados

The Ministry of Health updated its list of medical conditions triggered by psychosocial factors in the workplace, including, among other things, discrimination, violence, moral/sexual harassment, organizational management, work tasks, and the corporate environment. Some of the medical conditions listed are:

• Mental and behavioral disorder due to the use of: alcohol; opiates; cannabinoids; sedatives and hypnotics; cocaine; hallucinogens; smoke; multiple drugs and the use of other psychoactive substances; other stimulants, including caffeine;
• Delirium;
• Depression;
• Anxiety;
• Attempted suicide;
• Exhaustion (burnout).

For a medical condition to be defined as an occupational disease, Social Security must establish the technical link between the work factors and the medical condition. For now, there is no change in social security legislation following the Ministry of Health's ordinance and therefore no automatic association between the disease and the granting of social security leave. However, the new guidelines can be used as a legal basis for judges and lawyers in cases seeking recognition of occupational disease. Review Ordinance #1,999.

Brazilian Supreme Court Decision on the Collection of Assistance Fees by Unions

Precedential Decision by Judiciary or Regulatory Agency

Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Advogados

On September 12, 2023, Brazil’s Supreme Court ruled (in Case No. ARE 1018459) that all collective bargaining agreements may include language allowing unions to impose assistance fees on all employees of a given category, including non-union employees, provided that the employees have the right to opt out of the fees. Other/lower labor courts are expected to follow the decision of the Supreme Court.