Flexibility and modernization in labor relations in Brazil according to the STF: Collective agreements and digital nomads

Collective bargaining, signed between union and company, whose main objective is to establish working conditions that meet the interests of companies and workers, had relevant updates with the advent of the Labor Reform, law 13,467/17, since we can currently observe a prevalence of the negotiated over the legislated, as already decided by the Federal Supreme Court when the issue 1046 was judged.

It is important to emphasize that even with this prevalence, and with the extensive list of topics that can be the subject of negotiation, there are still labor rights that are not free to be agreed within collective agreements, art. 611-B of the CLT, such as 13th salary, paid weekly rest, among others.

Among the advantages that collective bargaining presents, after the Labor Reform, we can highlight: (I) the prevention of conflicts through a more peaceful modality, reducing subsequent litigation in the Brazilian judiciary; (II) autonomy to negotiate company-specific issues; (III) predictability for the employer regarding costs related to working conditions; and (IV) predictability of validity of the agreed terms during the period of validity of the agreed agreement.

Important Note

Another important aspect of collective bargaining concerns the application of collective agreements to digital nomads, who are professionals who work remotely from anywhere in the world. It is noted that the hiring of digital nomads still needs better regulation, however, the Collective Bargaining Agreement presents itself as a viable alternative to regulate the rights, obligations and conditions of hiring digital nomads.

With the recent approval by the Senate of the bill (PLV) 21/2022, originating from Provisional Measure nº1.108, it is possible for the employer to link digital nomads to the collective agreement signed by the company, ensuring greater legal certainty for this type of contract.

In this way, companies have more tools to regulate the hiring of digital nomads.

Written by Daniel Rangel, Associate at Drummond Advisors, and Julia Soares, Intern at Drummond Advisors

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