Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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New Rules on Professional Apprenticeship

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Shareholder, and Renata Neeser, Partner – Littler

New rules on professional apprenticeship were established through Decree #11,479/2023, published on April 6, 2023, and effective as of that date. Under the new decree, employers can no longer calculate the legal apprenticeship quota based on the average number of employees in each establishment, the number of apprentices hired as indefinite-term employees or count certain hires twice. (Articles 51-A to 51-C of Decree #9,579/2018, which regulated how to calculate this quota, are now revoked.)

Additionally, employees hired under an intermittent work regime and employees on Social Security leaves are no longer excluded from the calculation of the apprenticeship quota. Further, apprenticeship contracts signed under Decree #11,061/2022 will remain valid until their terms expire.

Inclusion of Race/Ethnicity Data in Employment Documents

New Legislation Enacted

Authors: Marília Nascimento Minicucci, Shareholder, and Renata Neeser, Partner – Littler

On April 24, 2023, Law #14,553/2023 was published, providing for the inclusion of race/ethnicity data in employment documents, based on employees' self-classification criteria. This data field must be included in documents, such as hiring and termination forms and work accident forms.

New Minimum Wage Established

New Order or Decree

Authors: Marília Nascimento Minicucci, Shareholder, and Renata Neeser, Partner – Littler

On May 1, 2023, Executive Order #1,172/2023 was published, establishing Brazil’s new minimum wage as BRL 1,320.00. Accordingly, the daily minimum wage was adjusted to BRL 44.00 and the hourly rate to BRL 6.00. This adjustment represents an increase of BRL 18.00 over the monthly minimum wage.

Executive Orders are effective immediately upon being published, but they must be approved by Congress within 120 days or they will expire. Congress may also convert it into a new bill.

Mandatory Consent to Process Personal Data of Children and Adolescents

New Regulation or Official Guidance

Authors: Marília Nascimento Minicucci, Shareholder, and Renata Neeser, Partner – Littler

On May 24, 2023, Statement CD/ANPD #1 (from the National Data Protection Authority) was published, allowing the processing of personal data of children and adolescents on the legal grounds provided in Article 7 or Article 11 of the General Data Protection Law (LGPD), provided their best interests are protected. This must be assessed in each specific case and in accordance with Article 14 of the LGPD.

New Developments Regarding the Labor Claims’ Event in the eSocial System

New Regulation or Official Guidance

Authors: Marília Nascimento Minicucci, Shareholder, and Renata Neeser, Partner – Littler

On June 30, 2023, the Government announced that the submission of new labor lawsuits into the eSocial system will no longer start as of July 1, 2023, as predicted. Also on June 30, the Federal Revenue Normative Instruction # 2,147 was published, announcing that the DCTFWeb will replace the GFIP in October 2023, for purposes of reporting labor claims.