Maury is a partner in CGM’s Labour and Employment group and concentrates his practice on the consultancy to domestic and foreign companies in relation to strategic human resources decisions, such as hiring, termination and professional development, immigration, review and drafting of compensation packages, internal policies, profit and results sharing plans, and stock options plans. In addition, he has been deeply involved in due diligence and the management of employment aspects in both M&A operations and the establishment of companies in Brazil.
The impact of the gig economy on employment relations is an issue being debated worldwide. The million-dollar question is whether workers are employees or self-employed. A common decisive criterion in Brazil to distinguish an employee from a self-employed worker is the employer's exercise of authority in the relationship. The most important employment requirement for such test is subordination: does the worker have autonomy?
A recent Supreme Court decision regarding compulsory vaccination has sparked debate about employers' rights to request that their employees be vaccinated. The Supreme Court declared that COVID-19 vaccination in Brazil is mandatory. However, the authorities cannot directly force adults to be vaccinated against their will. It is likely that the majority of Brazilians will be vaccinated by the end of 2021, so employers should consider implementing internal vaccination policies as soon as possible.
Although the COVID-19 pandemic's full impact on employment is still unknown, it is possible to identify some of the main topics and issues that the pandemic has caused which will be of interest to employers and employees in 2021. This article highlights such issues, including the suspension of employment agreements and reduction of working hours and salaries, payroll exemptions, an increase in labour claims and changes to profit-sharing plans.
Although the full impact of the COVID-19 pandemic on the job market is still unknown, it is possible to identify some of the main effects on employers, employees and workplaces. This article highlights government measures taken to date to help employers avoid terminations (eg, by suspending employment contracts or reducing working hours or salaries) and enable remote working and considers the pandemic's impact on workplaces and social security contributions.
Provisional Measure 936 (PM 936) has been published and aims to maintain employment and preserve employees' income, while ensuring businesses continuity and reducing the social impact of the COVID-19 pandemic. This article highlights the main aspects covered by PM 936 and the relevant issues affecting labour relations.
With the coronavirus (COVID-19) pandemic continuing to affect the world – and employment law – this article answers FAQs for Brazilian employers. For example, can companies cancel job offers prior to the start date? And who pays for employees' time away from work due to COVID-19?
Provisional Measure 905/2019 (PM 905) was recently published in the Official Gazette, creating a new type of employment agreement specifically designed to incentivise companies to offer individuals aged between 19 and 29 their first formal job in exchange for benefits relating mainly to payroll taxation. The final decision regarding PM 905 should happen after April 2020 but, in the meantime, companies should seek legal advice while implementing the proposed changes.