Magistratura Do Trabalho CSJT Practice Questions - Concurso Nacional Da Magistratura Do Trabalho (CSJT TST) Exam

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A senior software engineer signed an employment contract containing a telework agreement. Six months later, the employer unilaterally determined that the employee must return to in-person work at the company headquarters, granting a 15-day transition period, and registered this change via an amendment (aditivo contratual). Under the Brazilian Consolidação das Leis do Trabalho (CLT), is the employer's unilateral determination valid?

No, because any change from telework to in-person work strictly requires mutual bilateral consent between the employer and employee. Yes, the employer may unilaterally alter the regime from telework to in-person work, provided there is a minimum transition period of 15 days and an aditivo contratual is recorded. No, because the employer must provide a minimum statutory transition period of 30 days when recalling a teleworker to in-person activities. Yes, but only if the employer previously obtained express authorization from the competent labor union via a collective bargaining agreement.

Correct Answer:

Yes, the employer may unilaterally alter the regime from telework to in-person work, provided there is a minimum transition period of 15 days and an aditivo contratual is recorded.

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