Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 29 NOVEMBER 2024

Market Intelligence Thought Leadership Award Winner

Applying The Labor Reform To Ongoing Employment Contracts

Mayer Brown
Mayer Brown
Contributor
Mayer Brown

Mayer Brown

Mayer Brown is a leading international law firm positioned to represent the world’s major...

View firm profile
Explore more from Mayer Brown

On November 25, 2024, Brazil's Superior Labor Court (TST) ruled that the Labor Reform (Law 13,467/2017) had immediate effect on ongoing employment contracts...

BrazilEmployment and HR
Aline Fidelis
Aline Fidelis
Luciana Slosbergas
Luciana Slosbergas
Author LinkedIn connections

On November 25, 2024, Brazil's Superior Labor Court (TST) ruled that the Labor Reform (Law 13,467/2017) had immediate effect on ongoing employment contracts, but only to facts occurring after the law's effective date of November 11, 2017. The court reached this majority decision in a Repetitive Appeals Incident (IRR), establishing a binding precedent (Topic 23) to be followed by the entire Labor Justice system.

I. Case Study: Horas in Itinere

The judgment involved a worker from JBS S.A. in Porto Velho (RO), who sought payment for horas in itinere — the time spent commuting using company-provided transportation, which had previously been considered time at the employer's disposal, prior to the Labor Reform. When the Labor Law entered into force, this obligation was eliminated. The main issue at question was whether the new rule would apply to contracts established before the reform.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Visit us at mayerbrown.com

Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.

© Copyright 2026. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The End Of The 6x1 Shift: From Popular Mobilization To The Redefinition Of Labor Relations In Brazil

Brazil stands at the threshold of a historic labor transformation as the Chamber of Deputies approves a constitutional amendment to end the exhausting 6x1 work schedule that has dominated millions of workers' lives for decades. What began as a viral video from a pharmacy clerk has evolved into a nationwide movement that could permanently reshape the country's approach to work-life balance and worker well-being.
BrazilEmployment and HR
Mayer Brown
Mayer Brown
Article

Brazil’s ‘6x1’ shift reform: the increased employer costs going unnoticed

Brazil's Chamber of Deputies has approved a constitutional amendment to reduce the maximum working week from 44 to 40 hours and abolish the traditional '6×1' work schedule. However, the approved text contains problematic wording that may increase costs for all employers beyond what was intended, while also affecting collective bargaining arrangements in ways that could undermine recent labour market reforms.
BrazilEmployment and HR
Ius Laboris
Ius Laboris
Article

Brazilian Congress Approves The End Of The 6x1 Work Schedule And The Reduction Of The Workweek To 40 Hours

Brazil's Federal Senate has approved a constitutional amendment ending the 6x1 work schedule and reducing the maximum workweek from 44 to 40 hours, with implementation occurring in phases over 14 months. The amendment guarantees two days of paid weekly rest without salary reduction, while establishing transition rules and exceptions for certain employment categories and public contracts. Companies must now prepare for significant operational changes including schedule restructuring, collective bargaining re
BrazilEmployment and HR
Mayer Brown
Mayer Brown
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Landmark DoorDash Settlement Confirms NYC DCWP’s Aggressive Enforcement Posture

New York City's Department of Consumer and Worker Protection secured a landmark $131.5 million settlement with DoorDash, marking the largest worker settlement in the city's history and the largest involving food delivery workers nationwide. The agreement provides over $115 million in direct compensation to more than 260,000 delivery workers who were underpaid, unpaid, or paid late, while establishing a comprehensive three-year compliance monitoring program.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Trump Administration Announces New Enforcement Actions Against Employers In H-1B And PERM Fraud Probes

The Trump Administration has launched an unprecedented investigation into H-1B visa and PERM labor certification programs, with the Department of Labor's Office of Inspector General issuing dozens of subpoenas and suspending employers' ability to process applications. Federal agencies are deploying new enforcement tools including whistleblower programs and criminal prosecution threats...
United StatesImmigration
Mayer Brown
Mayer Brown
Article

EU’s CBAM Downstream Extension And Anti-Circumvention Amendments: The Road To Trilogue

The European Union's Carbon Border Adjustment Mechanism is undergoing critical legislative refinement as the Commission, Council, and Parliament have each established distinct positions on extending CBAM to downstream goods and strengthening anti-circumvention measures. With trilogue negotiations now underway and the first political trilogue scheduled for October 2026, significant divergences remain between the institutions on scope, exemptions, and enforcement mechanisms that will shape the final framework
European UnionEnvironment
Mayer Brown
Mayer Brown