A conversation with Ms. Sianna Kunz (Brazil): “Labor Law is a practice area that allows us to do social work, to actually improve people's lives”

WOLEP: Please introduce yourself to your peers in the WOLEP Network.

Sianna Kunz: First of all, I would like to thank you for the opportunity to tell a little bit of my story. My name is Sianna, I'm 25 years old and I'm currently a labor lawyer at Continental, a German company in the automotive segment. I graduated in Law in Guarulhos/SP, through an athlete scholarship. At the time, I was playing handball representing the city and the college, until I had to leave the sport and started to focus on my professional career. I'm very grateful for all the lessons that sport and team spirit have given me, but now I'm sailing in other seas.

WOLEP: How would you describe the legal scene in your hometown, São Paulo?

Sianna Kunz: The legal landscape in São Paulo is complex, dynamic, and challenging, but it also presents positive trends that indicate a movement toward modernization, efficiency, and social justice. Some of the main challenges are the slowness of justice and, mainly, the complexity of the Brazilian legal system. However, in recent years there has been an increase in the use of technology in the Judiciary, which helps to increase the efficiency of Justice as a whole. Also, in São Paulo, competition is extremely high, which means that we, legal professionals, must keep up to date at all times.

WOLEP: What inspired your decision to specialize in Labor Law and pursue a career focused on navigating the complexities of employment relationships and labor regulations in Brazil?

Sianna Kunz: My attraction to labor law started in college, it was the subject that fascinated me from start to finish. This is because it is an area of law that allows us to do social work, to actually improve people's lives, since we spend most of our lives working. Thus, in my graduation thesis, I researched and lectured on the insertion of Haitian immigrants in the Brazilian labor market and fell even more in love with the subject. In fact, it is necessary to recognize that labor relations are quite precarious, and the complexity of the legislation does not collaborate to change this scenario. However, there are many good professionals in the job market who make a difference day after day, and this is one of my professional goals.

WOLEP: In what ways does labor law in Brazil differentiate itself from other South American countries or states in the region, and also from the European Union, particularly with regard to the dynamics of the employer-employee relationship?

Sianna Kunz: Labor law in Brazil has unique characteristics compared to other countries in South America and the European Union. In Brazil, there is greater flexibility in hiring and firing, with a prevalence of individual agreements and less rigidity in labor laws. This allows companies to be more adaptable to market fluctuations but can generate instability and precariousness of work. There is also a difference in the minimum wage, which in Brazil is lower compared to other countries, which also makes manpower cheaper. Another significant difference is the issue of trade union relations. In Brazil, the principle of union unity governs, which prevents the fractionation and establishment of more than one union for the same category on the same territorial basis. As I have contact with other countries in Europe due to my work, this becomes one of the main differences in labor legislation, since in Europe there can be several unions even within the same company.

WOLEP: In handling labor disputes within the intricate legal landscape of Brazil, please explain the unique strategies you have employed this year to secure favorable outcomes for your clients.

Sianna Kunz: Well, since I work as a corporate labor lawyer, my only client becomes the company I work for. However, the volume of lawsuits is high, which implies the need to take measures to increase the chances of success in the cases and reduce the number of lawsuits filed. Therefore, first, it is necessary that everything is documented, such as working hours, remuneration received, collective agreements signed, etc. It is also necessary to know the sectors of the company and what functions were performed by the employee. Another strategy adopted is to work together with the Occupational Health and Safety sector to reduce occupational illnesses and improve working conditions.

WOLEP: Was there a recent development in labor law that has influenced your approach towards client representation in Brazil during 2024?

Sianna Kunz: Brazil is full of surprises. Legislation is constantly changing, and we need to keep up to date at all times. The last major change was in 2017, with the so-called Labor Reform (Law 13.467/2017), which was the subject of great debate among Brazilian jurists. However, the Ministry of Labor publishes ordinances annually that regulate labor relations. In 2024, specifically, there was the publication of a law that established the Mental Health Promoting Company Certificate, to be granted by the federal government to companies that meet certain criteria for promoting the mental health and well-being of their workers. Therefore, at all times we need to update ourselves so that the company is in compliance with the law and also obtains certifications that can improve the relationship with stakeholders.

WOLEP: How do you see the landscape of labor law evolving in Brazil, and what proactive measures do you take to stay ahead of these changes, ensuring your clients receive the most up-to-date and strategic legal advice in employment matters?

Sianna Kunz: The labor law landscape in Brazil is constantly evolving, marked by new laws, court decisions, and social trends. To stay within this market, I follow court decisions and legislative updates daily, in addition to using technological tools to assist in the capture of new processes and management of labor litigation. Certainly, it is a challenging scenario, but one that allows me to grow professionally.

WOLEP: Reflecting on your cross-border WOLEP partnership with Ms. Caterina Caput from Italy, what lessons have you learned from this collaborative experience, and how has it enriched your professional perspective in navigating international legal projects?

Sianna Kunz: My partnership with Caterina has been an amazing experience. Despite having contact with lawyers from other countries, this was my first experience working directly with someone from another country. We have to adjust to the time zone and the language, but Caterina has been an excellent partner, helping me in every aspect. She already had experience with Italian citizenship and this was my first case, I had to study a lot, but she always had a lot of patience and I was able to learn many things from her. I’m looking forward to finish this case and start another one.

WOLEP: Looking ahead, what kind of collaborative projects would you be interested in pursuing with colleagues from WOLEP?

Sianna Kunz: WOLEP is a unique platform, this possibility of networking with professionals from all over the world is sensational. In addition to this experience with Italian citizenship, I am a specialist in labor law, labor compliance, and LGPD. Although I don't have years of experience, I have a good background and I propose to continue in search of learning. If any colleague needs labor consulting focused on Brazilian legislation, I am always available.

Are you a legal eagle with a passion for collaboration? Join forces with other legal professionals and elevate your practice to the next level. Don't wait, sign up now to WOLEP and connect with like-minded lawyers today. Register your account here.