Patricia Barboza
Lawyer biography
Founding partner of CGM and head of the firm’s Labour and Employment Law practice group, Patricia has extensive experience in the area covering both local and cross-border consulting and litigation matters. Her work includes assistance in hiring, compensation and dismissal of employees; representing clients before the Labour Prosecutor’s Office and other Brazilian Authorities; labour and employment due diligence in M&A transactions; and representation of companies in negotiations with unions. Patricia also assists clients in internal investigations, including in the “Mee Too” context, and has strong expertise in the management of Latin-America regional employment projects.
Updates
Employment & Immigration
New rules on reduction of working hours and salaries and suspension of employment agreements
Brazil | 05 August 2020This article summarises the practical impact of Law 14,020/2020 and Decree 10,422/2020 on Provisional Measure 936 and employers. The new rules concern the reduction of working hours and salaries and the suspension of employment agreements, including with regard to pregnant, retired or disabled employees.
Guidelines on preventing COVID-19 in the workplace
Brazil | 08 July 2020The Ministry of the Economy and the Ministry of Health recently published Joint Ordinance Number 20, which provides the measures that employers must observe in order to prevent, control and mitigate the risk of COVID-19 transmission in their workplaces. This article highlights what employers need to know about the joint ordinance.
Is COVID-19 a labour-related disease?
Brazil | 20 May 2020Article 29 of Provisional Measure 927, enacted on 22 March 2020, states that infection with COVID-19 is not considered a labour-related disease unless a relationship between the disease and the employee's job or occupation can be evidenced. Several institutions, especially political parties, have questioned the constitutionality of this provision before the Supreme Court.
COVID-19: emergency employment and income maintenance programme
Brazil | 15 April 2020Provisional 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.
Coronavirus in Brazil: what employers need to know
Brazil | 25 March 2020With 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?
What is PM 905 and will it lead to another labour reform in Brazil?
Brazil | 19 February 2020Provisional 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.
Superior Labour Court rules out simultaneous use of hazard allowance and risk premium
Brazil | 11 December 2019The Labour Code provides for two payments which eligible employees can receive in addition to their base salary: the hazard allowance and the risk premium. Since 2015, the Superior Labour Court panels have issued conflicting decisions on whether employees can receive the hazard allowance and the risk premium simultaneously. Now, the Superior Labour Court has determined that the additional payments cannot be received simultaneously, even if employees are exposed to different adverse conditions.
Outsourcing: a new paradigm
Brazil | 16 October 2019In a recent decision, the Supreme Court addressed an important question relating to the day-to-day activities of companies operating in Brazil: is the outsourcing of services allowed without restriction or should it be limited to non-core business activities, as set out by Precedent 331 of the Superior Labour Court? This decision is relevant because it will affect the standards adopted by the Brazilian labour courts in relation to outsourcing.
