Employment law
Until a recent reform in the Labour Code, Brazilian law did not distinguish between blue-collar and white-collar employees, except when it came to the concept of being exempt for the purpose of working hours control and related payment of income tax. The 2017 reform recognised that employees earning a salary above two times the maximum social security benefit (approximately 12,202 reais in 2020) and with a college degree would be considered 'hipersuficientes'. This means that they would be able to negotiate the conditions of their employment agreements and even waive certain labour rights which other employees would only be able to do with the assistance of the labour union.
Although this recent change in the legislation was considered to have a significant impact for employees such as executives, there were no more changes directed to this population. For this reason, employment agreements are still essential when it comes to executives as the law still has lots of blanks when it comes to remuneration or special covenants.
Because the law does not address different types of remuneration that could be easily found on an executive package such as bonus, premiums, stock awards, etc., the rules must be agreed upon by the parties. From the eligibility, vesting (if any), deferred payment, forfeiture, to moment for payment, it is necessary that all is put in writing to avoid future disputes.
Labour courts are protective of employees' rights, even when those...
Taking your tablets and checking your sugar is only part of living with diabetes. Every day you also decide what to eat, what to trust, and whether the medicine is even necessary. Increasingly, th...