Brazil's Superior Labor Court issues rulings on health insurance and rest periods

The Superior Labor Court (TST) in Brazil has issued two significant rulings regarding worker rights. In a decision involving Incident of Repetitive Review (IRR) No. 220, the Court reaffirmed that employees on leave due to occupational sickness or permanent disability are entitled to maintain their employer-provided health insurance or medical assistance.

The ruling clarifies that while social security leave suspends the employment contract, it does not permit the unilateral cancellation of medical benefits. The health plan must be maintained under the same conditions the employee enjoyed prior to the suspension of the contract.

In a separate ruling, the TST's Special Body declared a collective agreement clause null and void regarding weekly rest periods for public transport workers in Passo Fundo, Rio Grande do Sul. The clause had allowed workers to take rest days on either the sixth or eighth consecutive day of work, alternating every 14 days, and permitted rest on Sundays without double pay.

The court ruled that these provisions violated constitutional protections concerning worker health, hygiene, and safety. The decision overturned a previous stance that had validated the collective negotiation based on the principle of the prevalence of collective agreements over certain labor rights.