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A new ruling has confirmed that the 2017 Labour Reforms in
Brazil take precedence over previous jurisprudence, meaning an
employer can require employees to wear their, or a
supplier’s, logo.
On 9 June 2020, the Fourth Chamber of the Superior Labour Court
confirmed that the rules in the 2017 Labour Reform shall prevail
over pre-existing jurisprudence if this jurisprudence was based on
principles of law rather than on a specific legal text.
The case concerned an employee seeking compensation for having
to wear his employer’s suppliers’ logos on his work
uniform. Although there is no specific legal provision covering
this, jurisprudence had long established workers’ right to
choose not to wear client’s logos if advertising the
suppliers’ brands is not an inherent part of their work.
However, the 2017 Reform stipulates that companies have the
authority to decide on employee dress standards, which includes the
use of its own or partners’ logos.
This case brings an interesting important precedent that will
apply to many other situations. For example, the rules in the
Labour Reform relating to the precedence of contractual provisions
over legal provisions in matters such as premiums. Courts have been
refusing to apply contractual forfeiture of premiums in the event
of voluntary termination of employment before the accrual term
expires based on unwritten rules of equity. To date, jurisprudence
says that the company has to make proportional payment in these
cases.
Appeal Nr. RR305-75.2015.5.05.0492
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