Magistratura do Trabalho CSJT Practice Questions - Concurso Nacional da Magistratura do Trabalho (CSJT TST) Exam - Magistratura do Trabalho CSJT Practice Questions - Concurso Nacional da Magistratura do Trabalho (CSJT TST) Exam

Question 1

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.

Question 2

An employee works an 8-hour daily shift from Monday to Friday under a valid individual written agreement establishing a bank of hours (banco de horas). Under Art. 59, § 5º of the CLT, within what maximum timeframe must overtime hours accumulated under an individual written compensation agreement be offset?

Within a maximum period of 1 month, or else they must be paid with a 50% surcharge. Within a maximum period of 6 months, after which any remaining accrued overtime must be paid as overtime with the applicable premium. Within a maximum period of 1 year, regardless of whether established by individual agreement or collective negotiation. Within a maximum period of 2 years, provided it is communicated quarterly to the labor union.

Correct Answer:

Within a maximum period of 6 months, after which any remaining accrued overtime must be paid as overtime with the applicable premium.

Question 3

A company grants a monthly performance award (prêmio) to its top three sales representatives for exceeding predetermined sales targets. The employer does not include these award amounts in the calculation base of the 13th salary, vacation pay, or FGTS deposits. According to Art. 457, §§ 2º and 4º of the CLT, the employer's conduct is:

Unlawful, because any recurring monetary payment directly linked to employee productivity constitutes an habitual commission (comissão) that integrates the wage base for all statutory purposes. Lawful, because statutory awards (prêmios) are liberalities granted due to performance superior to what is ordinarily expected and do not integrate remuneration, nor do they constitute a base for labor or social security charges. Unlawful, because prêmios only retain non-salary nature if paid on a semi-annual or annual frequency, losing their exemption if paid monthly. Lawful only if expressly authorized by a Collective Bargaining Agreement (CCT) and limited to 20% of the contractual base salary.

Correct Answer:

Lawful, because statutory awards (prêmios) are liberalities granted due to performance superior to what is ordinarily expected and do not integrate remuneration, nor do they constitute a base for labor or social security charges.

Question 4

A female employee was dismissed without just cause during her probationary period (contrato de experiência). Two weeks after dismissal, she discovered that she had conceived prior to the termination notice. Applying the jurisprudence of the Superior Labor Court (TST Súmula 244) and the Federal Supreme Court (STF Tema 497), what are her employment rights?

She has no right to provisional job stability because temporary and probationary fixed-term contracts are incompatible with maternity stability. She is entitled to provisional job stability from pregnancy confirmation until 5 months post-childbirth, as objective pregnancy during the contract is sufficient regardless of whether the contract is fixed-term or probationary. She is entitled only to statutory severance pay without reinstatement, because the employer lacked knowledge of the pregnancy at the time of dismissal. She is entitled to stability only if she gave written notification to the employer before the contractual expiration of the probationary term.

Correct Answer:

She is entitled to provisional job stability from pregnancy confirmation until 5 months post-childbirth, as objective pregnancy during the contract is sufficient regardless of whether the contract is fixed-term or probationary.

Question 5

Company Alpha acquired the manufacturing division and productive assets of Company Beta, continuing the exact same industrial operation with the existing workforce. An employee hired prior to the acquisition files a labor complaint seeking unpaid overtime accrued while working under Company Beta. According to Arts. 10 and 448-A of the CLT, who is liable for these labor debts?

Company Beta remains exclusively liable for all labor debts accrued prior to the acquisition date. Company Alpha (the successor) is exclusively liable for all contractual labor obligations, with Company Beta (the predecessor) being solidarily liable only if fraud or simulated transfer is proven. Both companies are automatically solidarily liable for all pre-existing labor obligations, regardless of fraud. Liability is divided pro-rata based on the exact number of months the employee served under each respective corporate entity.

Correct Answer:

Company Alpha (the successor) is exclusively liable for all contractual labor obligations, with Company Beta (the predecessor) being solidarily liable only if fraud or simulated transfer is proven.

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Prepare with the Magistratura do Trabalho CSJT Practice Questions - Concurso Nacional da Magistratura do Trabalho (CSJT TST) Exam practice quiz. This question bank includes 100 questions covering labor, employee, employer, mula, and company. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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Magistratura do Trabalho CSJT Practice Questions - Concurso Nacional da Magistratura do Trabalho (CSJT TST) Exam

This practice set contains 100 questions from the matching question bank and focuses on labor, employee, employer, mula, and company. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

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Magistratura do Trabalho CSJT Practice Questions - Concurso Nacional da Magistratura do Trabalho (CSJT TST) Exam

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