Service provider arrangements without formal employment, platform-based work and working time arrangements remain central issues in labor litigation.
By Julhi Bonespírito
Legale Overseas, no. 980.
The Supreme Federal Court (STF) and the Superior Labor Court (TST) are expected to rule, throughout 2026, on matters relevant to labor relations, including service provider arrangements without formal employment, the legal classification of platform-based work and the reorganization of working time. These rulings are expected to influence hiring practices and people management in Brazil.
Among the issues still pending, the engagement of individuals as independent service providers occupies a central position. The STF may advance in defining the constitutional boundaries of hiring workers as legal entities, a discussion that intensified after the 2017 Labor Reform and currently gives rise to divergent decisions within the labor courts. The Court’s position is expected to contribute to a more objective distinction between legitimate business relationships and disguised employment relationships.
In the context of platform-based work, often associated with the “uberization” phenomenon, the legal classification of activities performed through these applications remains unsettled. The STF has already begun reviewing the matter and is expected to resume its analysis in 2026. The outcome is likely to directly affect these arrangements, with implications for business models, labor rights and operating costs.
In addition to these structural issues, the judiciary has also revisited traditional labor law topics, particularly in light of the changes introduced by the Consolidation of Labor Laws (CLT) Reform. The TST has advanced in standardizing interpretations on working time, including hybrid and remote arrangements, classification of positions of trust, payment of hazard and unhealthy working condition allowances, as well as the limits of outsourcing.
Another point under discussion is the 6×1 working schedule. Although still subject to legislative debate, the issue has mobilized companies and unions given its potential impact on working time organization, operational costs and collective bargaining. The discussion reinforces the relevance of working time in contemporary labor debates.
Vaz de Almeida Advogados closely monitors developments in labor relations and the evolving interpretations of the higher courts, contributing to support business decision-making in light of new hiring models and the reconfiguration of service arrangements.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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