Course code: JSB-ELB - call 0845 071 2801
Overview
Course duration: 1 day.
This course is run in partnership with JSB.
JSB is working in partnership with one of the top law firms in Rio de Janeiro to run a one-day, in-depth seminar on Brazilian labour law.Taking place in London, 'Employment Law Brazil' is led by Luiz Guilherme Migliora, an expert in Brazilian employment law and Partner at Veirano Advogado. It offers participants a unique insight into the realities of managing employees in Brazil.
With its broad and sophisticated industrial base Brazil offers international organisations a range of exciting opportunities. Moreover, the variety of opportunity is set to rise as Brazil is one of the world’s most rapidly developing economies, with a GDP per head greater than India and China.
However, HR professionals who have staff based in Brazil are faced with a series of challenges associated with overseeing a workforce in a country where the labour laws and employment culture are significantly different from those in many other countries.
Is it right for me?
This Brazilian employment law seminar will be of great value to all those HR professionals responsible for managing staff in Brazil or about to relocate to Brazil.
What will I learn?
Seminar highlights:
- The cost of employment rights and benefits in Brazil
- Court precedents and current rules regarding outsourcing legislation
- Employee unions, employer unions and collective bargaining agreements
- Employee dismissal and the Severance Guarantee Fund System (FGTS)
- Employment rights in mergers and acquisitions and in sale and purchase of assets
- Visa arrangements for foreign workers operating in Brazil
- The legal implications of organising shift work
What will it cover?
Employee vs. non-employee: general concepts and principles
- Principles governing the employment relationship
- Recognition of employment relationships: legal requirements
- The cost of employment rights and benefits in Brazil
- The concept of economic group and liability for employees
Outsourcing
- Evolution of the legislation
- Court precedents and current rules
- Subsidiary liability as the minimum exposure
- The challenge of determining what activities can be outsourced·
- Looking forward: proposed legislation
Union representation in Brazil
- Employee unions and employer unions
- Mandatory representation in Brazil
- Mandatory rights for employees represented by the union’s collective bargaining agreements
- Union protection of employment rights
- Volkswagen case study: the possibility of flexibility in a rigid employment rights scenario
Employee dismissal
- Termination at will as the general rule
- Limitations for termination: temporary tenures foreseen under the Brazilian employment legislation
- The Severance Guarantee Fund System (FGTS)
- Termination for cause only in very specific circumstances
Employment rights in mergers and acquisitions and in sale and purchase of assets
- The concept of economic group
- Mergers and acquisitions and succession of employers
- Purchase of assets and the possibility to transfer employees
- Problems in procedural aspects of transfer of employees (FGTS, and INSS authorities)
- The importance of completing the transaction in order for the transfer to be possible
Transfer of Brazilian employees to work abroad and of foreign employees to work in Brazil
- Brazilian employees working abroad
- Mendes Junior Act: temporary transfer vs. permanent transfer
- Temporary: FGTS, INSS and more beneficial rights are still entitled to the employee during the time he/she is transferred
- Permanent: Mendes Junior Act is not applicable
- Foreign workers in Brazil
- Maritime/technical assistant visa: no employment relationship with the Brazilian entity
- Statutory officer: no employment relationship with the Brazilian entity
- Work visa with employment relationship with the Brazilian entity
Employment legislation in the oil and gas industry
- Applicability of Law no. 5,811
- 8-hour and 12-hour working shifts
- On-call working shift
- Costs of working shifts to employers