The Minister of Labor by Order dated of May, 14th 2018, published in the following day, approved the Normative Opinion number 00248/2018/ CONJURMTB / CGU / AGU, in the sense that the reform implemented by Law 13,467/18 in the Consolidated Labor Laws (“Consolidação das Leis do Trabalho – CLT”) applies to all labor contracts in progress, including those that had begun before the validity of said law, concluding:
“As expressed, it is understood that even the loss of effectiveness of article 2 of Provisional Measure (“Medida Provisória – MP”) 808/2017, which explicitly established, for the sole purpose of clarification, the immediate effectiveness of Law 13467/2017 to all existing labor contracts, does not change the fact that this law is applicable in a general, comprehensive and immediate manner to all labor contracts governed by the “CLT” (Decree-Law No. 5,542, dated May 1st 1943), including, therefore, those initiated before of the validity of said law and which continued in force after November 11th 2017, when Law 13,467/207 became applicable.”
It is important to note that this order binds the prosecutors of the Ministry of Labor who must follow this guideline, but not the judiciary, which has been manifesting itself many times in the opposite direction.