Monday, August 5, 2013

Labor Laws in Brazil can be very complicated

The  protective employment  labor laws in Brazil can make business very complicated. Employment and labor laws can be found in many sources: The Federal Constitution; the CLT, the Brazilian Labor Act, a monster with a 1000 articles; The Collective Bargaining Agreement among Unions; Employment Contracts; and Sumulas, a rule from repetitive cases ("stare decisis"). The applicable law is where the workers are based and performed the activities, even if they are abroad and Court interpretation will be always what is mostly advantageous for the employee, even if he agreed differently in a contract.






Links to be read on this subject:

http://www.lexology.com/library/detail.aspx?g=65128c40-bc7f-4f83-a1e5-2c95b9d56962

http://www.brazilcouncil.org/sites/default/files/How%20to%20Government%20Contracts.pdf (prepared by Lima & Curvello Rocha Advogados)

http://www.economist.com/node/18332906 (Brazil's labour laws - Employer, beware! - An archaic Labour code penalises businesses and workers alike)


http://www.cbsg.com.br/pdf_publicacoes/00287.pdf

http://www.v-brazil.com/government/judiciary-branch/labour-justice.html (Labour Justice in Brazil)



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