The Second Panel of the Superior Labor Court (TST) upheld a decision requiring a private security company to comply with the statutory apprenticeship hiring quota by including security guard positions in the calculation base.

In the case under review, the company argued that a collective bargaining agreement excluded security guard positions from the apprenticeship quota calculation due to the profession’s specific requirements, such as a minimum age and authorization to carry firearms. The TST, however, held that the position of security guard does not require a technical or higher education degree, but rather only a specific vocational training course. Consequently, the position must be included in the statutory calculation of the apprenticeship quota.

The Court also reinstated the company’s obligation to pay BRL 50,000 in collective moral damages, emphasizing the importance of complying with legal obligations relating to professional apprenticeship programs.

The ruling has significant implications for private security companies and other industries whose positions involve specific qualifications, hazardous activities, or operational restrictions. It indicates that job positions cannot be excluded from the apprenticeship quota calculation solely on the basis of collective bargaining provisions or the particular characteristics of the role, unless a specific legal exemption applies.

From a corporate perspective, the decision highlights the need for companies to review the internal criteria used to calculate apprenticeship quotas. Non-compliance may result in administrative penalties, public civil actions, court orders requiring the hiring of apprentices, and awards of collective moral damages.

Companies are also advised to review applicable collective bargaining agreements, internal policies, and human resources practices to ensure they are aligned with current legislation and the prevailing interpretation adopted by the Labor Courts.

Where certain activities present safety risks or operational limitations for apprentices, employers may structure apprenticeship programs in compliance with the law by assigning apprentices to administrative departments, lower-risk operational areas, or other positions that are compatible with the legal framework governing apprenticeship contracts.

The decision reinforces that labor compliance extends beyond the formal fulfillment of statutory obligations. It also requires a proactive review of employment practices, collective bargaining instruments, recruitment procedures, and workforce management policies. For companies with complex operations, such reviews can play a critical role in reducing labor liabilities and strengthening overall employment governance.