Application of national legislation to Brazilian workers on international cruise ships
In a globalised context, it has become increasingly common for Brazilian workers to be employed on foreign vessels operating in both national and international waters. This raises the legal question: should the applicable labour laws be those of Brazil or the vessel's flag state?
In a recent ruling, the Third Chamber of the Regional Labour Court of the State of São Paulo (TRT-2) addressed a case involving a disc jockey hired in Brazil to work on a cruise ship flying the flag of Malta and registered in Panama. The said worker was compelled to file a lawsuit in Brazil after the employer applied Maltese law instead of Brazilian law, to his detriment. In its defence, the ship contended that the labour obligations should be governed by the laws of the vessel's flag state.
The presiding judge held that Brazilian labour laws should apply, relying on the principle of the most favourable rule and the theory of the centre of gravity, and in accordance with established jurisprudence from the Court itself and the Superior Labour Court (the highest Court). Therefore, the jurisprudential trend is becoming more established in favour of ensuring that Brazilian labour laws apply to Brazilian crew members working on international vessels, particularly cruise ships, whenever these laws are more favourable than those of the ship's flag state.
This alert was made by partner Bernardo Mendes Vianna and intern Victória Saad, from the Maritime area, and by Rodrigo Leite Moreira, from Labour Law. Both practices are available in case of doubt.