Logos Are Go: 2017 Employment Reform Rules On Dress Code Prevail In Ruling From Brazil

• Published date: 16 July 2020
• Subject Matter: Employment and HR, Employee Benefits & Compensation, Employee Rights/ Labour Relations
• Law Firm: lus Laboris
• Author: Mr José Carlos Wahle (Veirano Advogados)

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...