In July 2023, the Brazilian Congress passed a law with new and more stringent rules relating to equal pay, with a particular focus on the gender pay gap. The law requires a number of measures be implemented to make...more
As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the...more
3/1/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
International Data Transfers ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Popular ,
Privacy Concerns ,
Regulatory Oversight ,
Risk Management
The Brazilian Data Protection Law (LGPD) in effect since 2020 is starting to show its effects in the litigation landscape.
Although the Brazilian National Data Protection Agency (ANPD) has been fairly active since it...more
The Brazil Data Protection Agency (“ANPD”) on August 15, 2023 released a draft of the International Transfer of Personal Data Regulation (“Regulation Draft”) and the standard contractual clauses (“SCCs”) for public comment....more
On July 6, 2023, the first sanction imposed by the Brazilian Data Protection Agency (“ANPD”) against a company (controller) in Brazil was published in the official gazette. The ANPD is the agency charged with enforcing...more
In the wake of the Brazilian National Data Protection Agency (ANPD) issuing further regulations on the determination of penalties for violations of the Data Protection Law (LGPD), on March 23, 2023 the ANPD launched a new...more
3/30/2023
/ Brazil ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
Enforcement Actions ,
Information Governance ,
International Data Transfers ,
Technology Sector
The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more
Is your subsidiary in Brazil required to have an Internal Committee for the Prevention of Accidents (“Comissão Interna de Prevenção de Acidentes e Assédio” or “CIPA”)? If so, you have until March 20, 2023, to update your...more
On March 28, 2022, the Brazilian government published a new Provisional Measure that, among other matters, modifies some of the provisions of the Labor Code relating to remote work that could have a significant impact on...more
Ordinance that Restricted Employers’ Ability to Impose Vaccination Mandates Is Partially Suspended -
New Order or Decree -
On November 1, 2021, Brazil’s Ministry of Labor and Welfare (a body of the Federal Government)...more
2/7/2022
/ Brazil ,
Complaint Procedures ,
Coronavirus/COVID-19 ,
Data Protection ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
Remote Working ,
Vaccinations ,
Workplace Safety
On December 21, 2021, the Brazilian Data Protection Authority (ANPD) updated instructions on how and when data subjects can file a complaint against a data controller for possible violation of the their rights under the...more
Deviating from recent labor courts’ decisions and Labor Prosecutor’s Office recommendations, on November 1, 2021, Brazil’s Ministry of Labor and Welfare (a body of the Federal Government) issued Ordinance # 620/2021,...more
11/3/2021
/ Anti-Discrimination Policies ,
Brazil ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
New Regulations ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Starting August 1, 2021, the Brazilian Data Protection Law (LGPD) will have some teeth. -
The LGPD was enacted in August 2018, but its provisions were scheduled to take effect in three separate phases....more
A little over six months after the Brazilian Data Protection Law (LGPD) became effective, there seems to be real progress in its implementation. The LGPD is an all-encompassing data protection law similar to the European...more
The minimum monthly salary requirement for “hyper-sufficient” employees has gone up in Brazil. Companies with operations in Brazil that employ this distinct category of employees will therefore need to verify whether the...more
On May 27, 2020, the Governor of the State of São Paulo, Brazil unveiled the details for reopening the state. The plan, called Conscious Restart, divides the state into 17 areas. Each area can enter into a new reopening phase...more
On April 17, 2020, a majority of the Brazilian Supreme Court of Justice (STF) upheld the constitutionality of Provisional Measure # 936 (MP # 936), bringing some relief for employers struggling to implement steps to reduce...more
As countries worldwide are coping with effects of the coronavirus outbreak, Brazil declared a state of public disaster (Legislative Decree # 88/2020) on March 18, 2020, which will allow the government to spend beyond the...more
Even though the coronavirus (COVID-19) has not yet had as much of an impact in Brazil as it has in other countries, large multinational companies with subsidiaries in Brazil have been taking some proactive measures to help...more
3/9/2020
/ Best Practices ,
Brazil ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
On January 14, 2020, the Brazilian Ministry of Economy issued an ordinance fixing the 2020 maximum payout amount of social security retirement benefits at R$6,101.06, representing a 4.48% increase to the maximum payout rate...more
1/23/2020
/ Brazil ,
Hiring & Firing ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Regulatory Requirements ,
Retirement ,
Salaried Employees ,
Social Security Benefits ,
Threshold Requirements ,
Wage and Hour
With less than a year remaining before Brazil's General Data Protection Law (referred to as the LGPD) takes effect, HR professionals should start preparing.
Originally Published in of SHRM - January 2020....more
1/10/2020
/ Brazil ,
Compliance Management Systems ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Human Resources Professionals ,
Information Governance ,
Information Technology ,
International Labor Laws ,
Labor Regulations ,
Personal Use of Employer Property ,
Popular ,
Prior Express Consent ,
Risk Management
Provisional Measure # 905 (“PM”), published on November 12, 2019, establishes a new type of labor relationship in Brazil. The PM aims to reduce the alarmingly high unemployment rate affecting younger workers in the country,...more
1/7/2020
/ Brazil ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Employee Rights ,
Employment Contract ,
Hiring & Firing ,
International Labor Laws ,
Job Applicants ,
Labor Reform ,
Labor Relations ,
Minimum Salary ,
Minimum Wage ,
New Regulations ,
Regulatory Burden ,
Regulatory Standards ,
Rulemaking Process ,
Salaried Employees ,
Unduly Burdensome ,
Unemployment ,
Wage and Hour
Brazil continues to streamline employer submissions of required employment data by integrating more workplace reporting requirements into the eSocial system. Coming on the heels of the Economic Freedom Act (Law 13.874/2019),...more
On September 20, 2019, Law 13.874/2019 was enacted and is already in effect. This law, known as the Economic Freedom Act, modifies a few bodies of law, including Law 12.682/2012 that specifically sets procedures to create and...more
The Brazilian President signed into law the Provisory Measure (MP) # 873 on March 1, 2019. The MP # 873 modified and deleted some provisions of the Brazilian Labor Code (CLT) relating to union dues. When the CLT was modified...more
4/19/2019
/ Brazil ,
Conciliation ,
Employment Litigation ,
International Labor Laws ,
Litigation Strategies ,
Mediation ,
New Regulations ,
Settlement Agreements ,
Testimony ,
Union Dues ,
Unions ,
Videoconference ,
WhatsApp