Positions of trust: impasse about to be resolved in the Labor Court

Positions of trust: a concept that needs to evolve, in the courts, with companies.

An article by our partner Marília Nascimento Minicucci was published in JOTA, addressing one of the most relevant discussions in current labor jurisprudence: the judgment of Theme 210, by the TST – Superior Labor Court.

The decision, which will be binding as it falls under the repetitive appeals system, will define the criteria for classifying an employee in a position of trust.

One of the points addressed in the article is whether the absence of direct subordinates prevents the employee from being classified as holding a position of trust, a key point for the exemption from time control.

The article explores the impact of this decision for companies that adopt more horizontal and innovative organizational structures, where autonomy and strategic responsibility can exist even without a directly subordinate team.

Furthermore, it presents preventive recommendations on:
• Promotions, hiring and organizational assignments;
• Function bonus, its payment and appropriate breakdown;
• Hiring of hypersufficient employees and contractual freedom.

We seek to contribute to the debate on how labor jurisprudence should evolve to reflect new management dynamics in companies.