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Priscila Kirchhoff

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Priscila Kirchhoff is a Partner from Trench, Rossi e Watanabe Advogados, Sao Paulo office.
Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

The Labor Department (MTE) has disclosed in its website some clarifications for Frequently Asked Questions (FAQ) about the New Equal Pay Law.
The publication of the FAQ, which was very anticipated by employers, covers questions ranging from the purpose of the creation of the Law to more specific aspects of the publication of the Salary and Remuneration Transparency Report.

With the recent updates from the Labor Department re. the Pay Transparency Report (for companies with 100 or more employees), our Employment and Compensation Group has produced an infographic with the main points of attention related to the topic.

Following the ruling issued on 8 June 2022, which determined that collective terminations require union involvement, Brazil’s Supreme Court has published on 25 April 2023 a new decision clarifying that such requirement applies to collective terminations implemented after 14 June 2022. The Supreme Court decision states that “prior union intervention is an essential procedural requirement for the collective termination of workers, which is not to be confused with prior authorization by the union or the signing of a collective agreement”.

Bill of Law No. 2058/2021 (BL), initiated by the Chamber of Deputies on 06/07/2021, proposes amendments to the recent and controversial Law No. 14.151/2021, which deals with the removal of pregnant employees from on-site work during the public health emergency of national importance due to the new coronavirus. The BL specifically regulates (i) telework (ii) remote work and/or (iii) other forms of non-presential work, specifically with regard to pregnant employees.

Due to the pandemic and social distancing measures, employers and employees are making use of communication apps to convey changes in the work routine and even termination of the employment agreement. As a result, many lawsuits have been filed before labor courts challenging the use of communication apps for these purposes.

Executive Order no. 1,045 was issued today, implementing the New Emergency Program for Maintenance of Jobs and Income in Brazil. The order contains additional employment-related measures in response to the COVID-19 pandemic and reinstates some of the provisions previously contained in Executive Order no. 936, which was converted into Law no. 14,020/20.

The Brazilian president on 10 March 2021, sanctioned Law 14.125/2021, authorizing private companies to purchase COVID-19 vaccines approved by the health regulatory agency (ANVISA). All doses must be reverted to the public healthcare system while priority groups are being vaccinated. After the vaccination of priority groups is completed, companies will be able to purchase the vaccines for their own use (distributing them free of charge), but 50% of the shots must still be reverted to the public healthcare system.