STF will judge points of the labor reform in 2023

More than five years after the entry into force of the Labor Reform (Law 13467/2017), there are still 11 lawsuits pending judgment before the Federal Supreme Court (STF).

Among the issues pending judgment by the STF, the main one concerns the so-called intermittent employment contract.

In this type of employment contract, the employee is only paid for the period actually worked, which may alternate periods of service provision and inactivity. In the year 2022, according to data from the General Register of Employed and Unemployed People (CAGED), more than 270,000 workers were contacted under this modality.

Another important judgment deals with the schedule of indemnities for pain and suffering  currently provided for in the CLT. The questioning around this theme is due to the fact that the schedule establishes greater indemnities for employees with higher salaries, which, in the view of the associations that filed the lawsuits in the STF, is not related to Brazilian law.

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The 12×36 journey by individual agreement  must also be judged by the STF throughout the year 2023. Before the reform, the 12×36 journey could only be negotiated through an agreement with the unions.

The STF must also consider the equation of individual dismissal and collective dismissal. Although the Supreme Court decided in 2022 (RE 999435) that companies must negotiate with unions before collective dismissal, this process discussed this possibility before the reform. The process pending judgment by the STF deals with the new wording of the CLT, which already treats dismissal, collective or individual, in an identical manner.

Another point that should be judged by the Supreme Court concerns the changes brought to the edition or alteration of labor precedents, which now demand a greater quorum of justices in the Superior Labor Court (TST).

There is still pending judgment a lawsuit that questions the requirements for filing a labor lawsuit, such as the need to carry out a calculation of claims at the beginning of the process.

Drummond Advisors’ labor consulting team continues to monitor the judgments on labor issues and is available for clarifications to clients and partners.

Written by Daniel Rangel, Associate at Drummond Advisors

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