30/03/2026
The structuring of roles and the classification of employees as holding positions of trust are no longer limited to traditional managerial or supervisory functions.
Today, highly specialized technical roles — often associated with high compensation but lacking formal management authority or direct reports — fall into a genuine gray area.
At the heart of the debate lies the ambiguity in the wording of Article 62, II, of the CLT and its sole paragraph. As this is an exceptional legal provision, part of the case law has rejected the classification of a position as one of trust when it is based solely on the job title or on the isolated payment of a bonus.
In this context, the TST’s ruling on Theme 210 is expected to establish clearer guidelines on the matter, particularly regarding: (i) whether the existence of direct reports is required to characterize a position of trust; and (ii) the definition of a differentiated compensation standard, including whether the analysis should consider total compensation or require proof of a minimum 40% increase in the function-related bonus compared to the base salary of the underlying position.
Because this case is being decided under the repetitive appeals system, the ruling will be binding—marking an important milestone for companies, which currently face inconsistent interpretations across the Regional Labor Courts and even within the Superior Labor Court itself
While a definitive position has yet to be established, collective bargaining has proven to be a relevant alternative. Article 611-A, V, of the CLT allows collective agreements and bargaining agreements to prevail over statutory law in defining positions of trust — an understanding already upheld by the Supreme Federal Court (STF) in Theme 1046, as well as by the TST itself.
Given this scenario of legal uncertainty, reviewing internal policies, mapping risks, and properly structuring strategic documentation are essential measures to ensure that, regardless of the position ultimately adopted by the TST, companies are better prepared to operate with greater legal certainty.
Authored by: Fabiane Sant’Anna
