What is Labour Law

Labor Law is the branch of law that has as its scope the study of labor relations in modern society, regulating the existing relationship between employees and employers, whether through lawsuits, union negotiations, action before inspection agencies, among other forms. In Brazil, its rules are governed by the Consolidation of Labor Laws, Brazilian Federal Constitution of 1988, which has a guiding function for the other laws, as well as by other institutes, such as: principles, customs, precedents, regulatory rules. The CLT underwent a recent Labor Reform, with the advent of Law 13. 467 of July 13, 2017 and the repercussion and application of the changes are still being tested in the judiciary and closely monitored by the office.


The specialist in labour law assists and directs the businessman so that he can not only be protected against possible labour claims, but also enabling him to save money by previously identifying the existing risks in the company. It also acts in the negotiation with trade unions seeking more advantageous conditions for the company. An important point of Labor Law is that the parties of a labor relationship are not treated as equals, the worker's inferiority before the employer (company) being recognized, creating privileges to the former. Such fact may be exemplified by the principle of the most beneficial rule, which, when verifying that there is a plurality of rules that may be applicable to the same specific case, the rule that is more favorable to the employee must be applied.



How can the labour area help your company?

As explained in the topic "What is Labour Law", the company or employer is considered the superior party in the employment relationship, and the labour courts are responsible for protecting the party considered "weaker", the employee.
It is in this scenario that the labor lawyer and his performance comes in.


By using several mechanisms, which will be explained in a later topic, the professional who works in this area of law helps and directs the businessman so that he can not only be protected against possible labor claims, but also enabling budget savings, by previously analyzing the existing risks in the company. Contact us.

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Check out which segments we serve here at Trevisan, Carvalho & Trevisan Advocacia:

Start-up companies


Companies in various fields

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Frequently Asked Questions

Check now the most frequently asked questions about this area of our work.

What is the advantage of having a labour audit?

The labor audit reviews and audits all documents, contracts, policies, manuals, payments, social security payments and benefits paid to employees in the last five (5) years. This procedure analyses the company's labour, social security and occupational health and safety issues in order to indicate (a) hidden labor liabilities; (b) corrective measures for these liabilities to be eliminated from the audit; (c) alternatives for addressing the existing hidden liabilities, if possible; (d) changes in contracts, policies, review of safety reports, union framework, etc. All with the objective, after the audit, of minimising existing labour risks.

In the firm's experience, after going through this process and applying the suggested measures, the company has minimal exposure to labour claims. Our clients have had the result of reducing the number of labour claims and, instead of convictions, dismissals or settlements for insignificant amounts just to not let the process go ahead.

Can I reduce my labour liabilities with the labour consultancy services?

Yes, labour consulting is the most effective measure to generate savings in the area of labour claims.
We monitor law firms that "manage" labour processes without the real intention of solving the company's problem, the causes that cause the company to have a high volume of claims.

The firm always seeks to map the requests, failures and gaps that lead to recurring demands and creates strategies to address them in order to reduce the volume of demands and the amounts involved. And consulting is the key to this process.

What are hidden labour liabilities?

We call hidden liabilities those debts that exist due to some irregular practice of the company, but for some reason are not yet being formally charged. In other words, they may or may not come into existence depending on external factors.

Do I have any other benefits from having the assistance of a tax lawyer?

The companies that contract the accompaniment of the tributary area count on a constant monitoring of their fiscal situation. This way, they are never caught off-guard when they need a Debt Clearance Certificate, nor by collection summons. Any point is dealt with before it has negative consequences for the company.

In addition, the tax department may conduct periodic audits to check the company's documentation, indicating corrective measures and ascertaining any hidden liabilities. Often, in these cases, it is also possible to adopt measures to reduce the impact of the problem and/or liability before it arises.

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