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Best Labor Practices: How to avoid lawsuits on the most recurring topics at the TST in 2024
The most common lawsuits are related to working hours control, highlighting the importance of ensuring compliance in this labor aspect.
The Superior Labor Court (TST) released in January the ranking of the most recurring topics in 2024 rulings. The leading issue was overtime, with 70,508 cases, followed by intra-workday breaks, which accounted for 48,283 cases. Compared to the previous year, these topics showed an increase of 19.7% and 20%, respectively.
It is noteworthy that the most common lawsuits are related to working hours control, emphasizing the need to handle this issue in an organized manner and, most importantly, in full compliance with labor legislation and collective agreements or conventions.
Check out some best practices below:
Overtime
What the legislation says
The Consolidation of Labor Laws (CLT) allows for up to 2 hours of overtime per day, through an individual agreement, collective agreement, or collective bargaining agreement. The law also stipulates that overtime pay must be at least 50% higher than the regular hourly rate. However, additional salary payment may be waived if, under a collective agreement or bargaining agreement, working hours are compensated correspondingly (hours bank system).
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Best Practices Related to Overtime |
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Work Hours Control |
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Use electronic timekeeping systems that comply with regulatory requirements to accurately record working hours. |
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Overtime Compensation Management |
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When applicable, maintain a properly regulated overtime compensation system, with provisions in a collective agreement and transparent tracking. |
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Workload Monitoring |
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Use management software to track the team's work hours and display the balance of hours. |
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Correct Payments |
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Ensure that overtime is paid with the legally required additional rate of at least 50% over the regular hourly rate, unless a more favorable provision is established in a collective agreement. |
Intra-worked day break
What the legislation says
The CLT (Consolidation of Labor Laws) establishes that work shifts exceeding 6 hours must include a meal and rest break of at least 1 hour and at most 2 hours. For shifts between 4 and 6 hours, the break is 15 minutes.
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Best practices related to intra-worked day breaks |
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Proper Records |
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Include the recording of break start and end times in the timekeeping system. |
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Clear Internal Policies |
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Establish internal regulations reinforcing the mandatory nature of breaks, raising awareness among managers and employees about the importance of pauses for health and safety. |
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Encouragement and Compliance with Breaks |
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Ensure that employees fully take their breaks, preventing total or partial suppression, which could lead to legal claims. |
Interwork Break
What the legislation says
It is worth mentioning what the CLT (Consolidation of Labor Laws) stipulates regarding the interwork interval. A minimum period of 11 consecutive hours of rest between the end of one work shift and the beginning of the next is mandatory.
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Best Practices Related to the Interwork breaks |
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Work Schedule Planning |
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It is important to organize work schedules that respect the minimum 11-hour interval between shifts, complying with legislation and preventing impacts on employees' health. |
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Monitoring |
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A key measure is to use electronic timekeeping systems to track work hours and ensure the interval is respected. |
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Attention to Emergency Situations |
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In exceptional cases requiring overtime shifts, the employer should also adjust schedules to ensure adequate rest time. |
Knowledge and technology: allies for efficient workday control
Domingues e Pinho Contadores supports clients in implementing electronic timekeeping systems. Integrated with payroll, this tool enables accurate calculations. In fact, having a qualified team to interpret and respond to labor law requirements appropriately—and combining this expertise with technology—is essential.
Efficient control allows for the accurate calculation of overtime, additional payments, paid weekly rest, and other legally mandated benefits, preventing labor liabilities.
See also: 7 Advantages of Online Timekeeping
Compliance and risk prevention
DPC assists companies in meeting labor law requirements with practical guidance tailored to the client's business routine and industry. This support can be combined with the implementation of modern technologies for workday control. Operate with full compliance and efficiency to mitigate risks.
Rely on the support of DPC's labor and technology experts: dpc@dpc.com.br.
How can DPC help your company?
Domingues e Pinho Contadores has a specialized team ready to assist your company.
Contact us at dpc@dpc.com.br
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