After some back and forth, Brazil has seen relevant legislative developments over the last days regarding the effectiveness of the Brazilian General Data Protection Law and the definition of the structure and regulatory framework of the National Data Protection Authority.
On 4 August 2020, the Brazilian Federal Supreme Court (“STF”) ruled that no social security contributions should be paid by employers on top of maternity leave allowance (“maternity salary”). The decision emphasizes that the maternity salary does not have salary nature and corresponds to a social security benefit granted when the employee is on maternity leave, hence, not working.
On 20 September 2019, the Brazilian federal government enacted Law n. 13,874 creating the so-called “Declaration of Economic Freedom Rights” aimed at reducing the current high level of bureaucracy in the Brazilian business environment
On 21 August 2019, the Senate approved the final text for conversion into law of the provisional measure 881/2019, the so-called “Provisional Measure of Economic Freedom”. The new rule, which will still have to go through the presidential approval process, seeks to reduce the bureaucracy of entrepreneurial activities, especially those at low risk. If approved, it will affect several different aspects of Brazilian law, including labour
The General Data Protection Act of Brazil (known as “LGPD”) was published in August 2018 and substantially alters the way data collection and treatment are performed in Brazil. The LGPD will become effective in August 2020, thus companies have only 12 months to adjust their internal structure to ensure compliance with the Law, which includes adjusting their HR procedures related to data collection and treatment
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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Understanding the distinction between contractors and employees and the re-characterisation of a contractor into an employee
Law 13.467, enacted on July 14, 2017, will be effective as of November 2017. It is broad and introduces new labor procedural measures and alternatives for conflict resolution, reinforces the validity of collective negotiations with the Unions and simplifies some labor procedures.
L&E Global’s 2017 Global Handbook | Employees vs Independent Contractors
Employment Law Across 27 Jurisdictions 2016, an L&E Global and Clyde & Co joint publication, provides a brief outline of the employment law regime across 27 key jurisdictions throughout the globe.