Relevant Aspects and Precautions in the Commercial Representation Relationships
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Relevant Aspects and Precautions in the Commercial Representation Relationships

Brazil has a huge geographic territory and due to it, it is very common for suppliers to take professionals to sell their products in distant places far from their headquarters, subsidiaries, or even their distributors. These professionals are entitled as Agents and their activities are regulated by a specific legislation, Law 4.886/1965 (Law of the...

06/09/201723/10/2017by
The Labor Outsourcing Regulation in Brazil
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The Labor Outsourcing Regulation in Brazil

In Brazil, there is no specific law, the practical cases are subject to the interpretation of Supreme Court of Labor (TST) Precedent 331 and jurisprudential construction that, in summary, understands that outsourcing is only possible in Brazil for middle-activity activities and not for the final activity of the contractor, thus considering the beneficiary’s liability for...

Judiciary Branch Removes Additional 10% Penalty over FGTS Paid in Dismissals Without Cause
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Judiciary Branch Removes Additional 10% Penalty over FGTS Paid in Dismissals Without Cause

Judiciary Branch has been issuing favorable injunctions to the taxpayers, excluding the additional penalty of 10% (General Social Contribution) over Employee Severance Indemnity Fund – FGTS paid in case of dismissals without cause. Currently, to dismiss without cause, besides FGTS’ penalty of 40% destined to the employee, the companies must pay this additional penalty of...

20/02/201515/01/2018by
Regulation on Education Allowance Introduced by Law 12.513/11 still Raises Doubts
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Regulation on Education Allowance Introduced by Law 12.513/11 still Raises Doubts

The Law 12.513/11 which established the National Program for Access to Technical Education and Employment (Pronatec), changed some legal devices, including the Law 8.212/91 which regulates the organization of Social Security and established a Funding Plan. The most significant change occurred in article 28 of Law 8.212/91, once it set a limit for aid education...

15/06/201316/01/2018by
Non-compete Clause in Labor Agreements
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Non-compete Clause in Labor Agreements

The Brazilian labor law contemplates some so-called special clauses that can be placed in labor contracts but that still create uncertainty as to the effectiveness and scope, and often the discussion ends up in the Judiciary. We will discuss below the conditions of validity of one of these special provisions called “non-compete clause”. This clause...

15/04/201309/03/2018by