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Sample Magistratura do Trabalho CSJT Practice Questions
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1A senior software engineer signed an employment contract containing a telework agreement. Six months later, the employer unilaterally determined that the employee must return to in-person work at the company headquarters, granting a 15-day transition period, and registered this change via an amendment (aditivo contratual). Under the Brazilian Consolidação das Leis do Trabalho (CLT), is the employer's unilateral determination valid?
A.No, because any change from telework to in-person work strictly requires mutual bilateral consent between the employer and employee.
B.Yes, the employer may unilaterally alter the regime from telework to in-person work, provided there is a minimum transition period of 15 days and an aditivo contratual is recorded.
C.No, because the employer must provide a minimum statutory transition period of 30 days when recalling a teleworker to in-person activities.
D.Yes, but only if the employer previously obtained express authorization from the competent labor union via a collective bargaining agreement.
Explanation: According to Art. 75-C, § 2º of the CLT (introduced by the Labor Reform, Law 13.467/2017), the employer may unilaterally determine the transition from telework to the in-person work regime (presencial), provided that a minimum transition period of 15 (fifteen) days is guaranteed and a corresponding contractual amendment (aditivo contratual) is formally registered. In contrast, transitioning from in-person work to telework does require mutual agreement (Art. 75-C, § 1º).
2An employee works an 8-hour daily shift from Monday to Friday under a valid individual written agreement establishing a bank of hours (banco de horas). Under Art. 59, § 5º of the CLT, within what maximum timeframe must overtime hours accumulated under an individual written compensation agreement be offset?
A.Within a maximum period of 1 month, or else they must be paid with a 50% surcharge.
B.Within a maximum period of 6 months, after which any remaining accrued overtime must be paid as overtime with the applicable premium.
C.Within a maximum period of 1 year, regardless of whether established by individual agreement or collective negotiation.
D.Within a maximum period of 2 years, provided it is communicated quarterly to the labor union.
Explanation: Under Art. 59, § 5º of the CLT, the bank of hours (banco de horas) may be established by individual written agreement, provided that the compensation of accumulated hours occurs within a maximum period of 6 (six) months. If established by collective convention or collective agreement (CCT/ACT), the compensation period may extend up to 1 (one) year (Art. 59, § 2º CLT).
3A company grants a monthly performance award (prêmio) to its top three sales representatives for exceeding predetermined sales targets. The employer does not include these award amounts in the calculation base of the 13th salary, vacation pay, or FGTS deposits. According to Art. 457, §§ 2º and 4º of the CLT, the employer's conduct is:
A.Unlawful, because any recurring monetary payment directly linked to employee productivity constitutes an habitual commission (comissão) that integrates the wage base for all statutory purposes.
B.Lawful, because statutory awards (prêmios) are liberalities granted due to performance superior to what is ordinarily expected and do not integrate remuneration, nor do they constitute a base for labor or social security charges.
C.Unlawful, because prêmios only retain non-salary nature if paid on a semi-annual or annual frequency, losing their exemption if paid monthly.
D.Lawful only if expressly authorized by a Collective Bargaining Agreement (CCT) and limited to 20% of the contractual base salary.
Explanation: Pursuant to Art. 457, § 2º of the CLT (amended by Law 13.467/2017), statutory awards (prêmios), even if paid habitually, do not integrate employee remuneration, are not incorporated into the employment contract, and do not constitute the basis of incidence for any labor or social security encumbrances. Art. 457, § 4º defines prêmios as discretionary goods, services, or cash values granted by the employer in recognition of performance extraordinarily superior to what was contractually expected.
4A female employee was dismissed without just cause during her probationary period (contrato de experiência). Two weeks after dismissal, she discovered that she had conceived prior to the termination notice. Applying the jurisprudence of the Superior Labor Court (TST Súmula 244) and the Federal Supreme Court (STF Tema 497), what are her employment rights?
A.She has no right to provisional job stability because temporary and probationary fixed-term contracts are incompatible with maternity stability.
B.She is entitled to provisional job stability from pregnancy confirmation until 5 months post-childbirth, as objective pregnancy during the contract is sufficient regardless of whether the contract is fixed-term or probationary.
C.She is entitled only to statutory severance pay without reinstatement, because the employer lacked knowledge of the pregnancy at the time of dismissal.
D.She is entitled to stability only if she gave written notification to the employer before the contractual expiration of the probationary term.
Explanation: According to item III of TST Súmula 244 and the binding thesis of the STF in Tema 497 (RE 629.053), the constitutional protection of maternity stability (Art. 10, II, 'b' of the ADCT) requires only the objective state of pregnancy at the time of contractual termination without just cause. TST Súmula 244, III expressly guarantees provisional stability to pregnant employees even in fixed-term employment contracts, including probationary contracts (contrato de experiência).
5Company Alpha acquired the manufacturing division and productive assets of Company Beta, continuing the exact same industrial operation with the existing workforce. An employee hired prior to the acquisition files a labor complaint seeking unpaid overtime accrued while working under Company Beta. According to Arts. 10 and 448-A of the CLT, who is liable for these labor debts?
A.Company Beta remains exclusively liable for all labor debts accrued prior to the acquisition date.
B.Company Alpha (the successor) is exclusively liable for all contractual labor obligations, with Company Beta (the predecessor) being solidarily liable only if fraud or simulated transfer is proven.
C.Both companies are automatically solidarily liable for all pre-existing labor obligations, regardless of fraud.
D.Liability is divided pro-rata based on the exact number of months the employee served under each respective corporate entity.
Explanation: Under Art. 448-A of the CLT (introduced by Law 13.467/2017), in the event of business succession (sucessão empresarial), the contractual obligations, including those accrued prior to the succession, are the exclusive responsibility of the successor (Company Alpha). The predecessor company (Company Beta) responds solidarily with the successor only when fraud or simulated transaction in the transfer is proven (Art. 448-A, parágrafo único, CLT).
6Under the CLT rules governing economic groups (grupo econômico), what is required after Law 13.467/2017 to establish joint and solidary liability among two or more distinct corporate entities?
A.Mere identity of shareholders (sócios comuns) across companies is sufficient to automatically characterize an economic group.
B.Demonstration of effective joint interest, communion of corporate interests, and integrated action among the entities is required; the mere identity of partners is insufficient.
C.There must always be a strict vertical hierarchy with one parent holding company exerting direct corporate control over the subsidiaries.
D.Joint liability only arises if the companies operate in the exact same commercial sector and share physical premises.
Explanation: Under Art. 2º, § 2º and § 3º of the CLT, an economic group can be formed by subordination (hierarchical control) or coordination (horizontal). However, Art. 2º, § 3º explicitly establishes that the mere identity of partners (mera identidade de sócios) does not characterize an economic group; it requires the demonstration of effective joint interest (interesse integrado), communion of interests, and combined action between the companies.
7Regarding the outsourcing of services (terceirização) in the Brazilian legal system, following the STF binding ruling in Tema 725 (ADPF 324 and RE 958.252) and Law 13.429/2017, which statement accurately reflects current law?
A.Outsourcing is licit for ancillary activities (atividade-meio) but remains strictly prohibited for core business activities (atividade-fim).
B.Outsourcing of any activity, whether core (atividade-fim) or ancillary (atividade-meio), is lawful, with the service-taking company (tomador) holding subsidiary liability for labor obligations and direct responsibility for workplace safety and health.
C.Outsourcing a core activity automatically creates a direct employment relationship between the outsourced worker and the service-taking entity.
D.The service-taking company bears primary solidary liability for all wage and social security debts of the outsourced service provider.
Explanation: In Tema 725 of general repercussion (RE 958.252 and ADPF 324), the STF declared the constitutionality of outsourcing any activity, whether core (atividade-fim) or ancillary (atividade-meio). Under Law 6.019/1974 (amended by Laws 13.429/2017 and 13.467/2017) and TST Súmula 331, IV, the service recipient (tomador) responds subsidiarily for labor obligations in case of contractor default and is directly responsible for workplace environmental health and safety standards.
8An electrician working for a construction firm is exposed to electrical shock hazards intermittently throughout the workday. The employer argues that hazard pay (adicional de periculosidade) is not due because exposure is not continuous. Pursuant to TST Súmula 364, item I, how should the labor judge rule?
A.Hazard pay is denied because Art. 193 of the CLT requires uninterrupted and continuous exposure throughout the entire work shift.
B.Hazard pay is due in full (30% over the base salary) because intermittent exposure to hazardous conditions entitles the worker to the full additional, excluding only eventual or extremely reduced contact.
C.Hazard pay is due but must be calculated strictly proportional to the exact minutes of actual hazardous exposure recorded each day.
D.Hazard pay is replaced by dangerous-work time compensation (folgas compensatórias) negotiated via collective agreement.
Explanation: TST Súmula 364, item I establishes that an employee exposed to hazardous conditions in a permanent manner or intermittently is entitled to the full adicional de periculosidade (30% on base salary under Art. 193, § 1º CLT). Proportional hazard pay is unlawful; the payment is only excluded when contact is purely eventual (fortuitous) or, being habitual, occurs for an extremely reduced duration.
9An urban worker performs his duties between 22:00 on one day and 05:00 on the following day. Under Art. 73 of the CLT and TST Súmula 60, item II, what rules govern his night work remuneration and time reduction?
A.Urban night work is computed on a 60-minute hour, with a minimum remuneration premium of 25% over the daytime hourly rate.
B.Urban night work is computed using a fictitious reduced hour of 52 minutes and 30 seconds, remunerated with an additional of at least 20% over the daytime hour, extending to daytime hours worked in continuation of the night shift.
C.Urban night work is restricted to the 22:00 to 05:00 window, and any hours worked past 05:00 are paid as regular daytime hours without any night premium.
D.Rural and urban night work follow identical statutory hours (22:00 to 05:00) and both use the 52 minute and 30 second reduced hour.
Explanation: Under Art. 73, § 1º and § 2º of the CLT, urban night work occurs between 22:00 and 05:00 and is computed at 52 minutes and 30 seconds per hour (hora ficta noturna), with a minimum 20% night additional. Furthermore, under TST Súmula 60, II, when the employee works the entirety of the night shift and extends work into daytime hours, the night additional also applies to those extended daytime hours.
10Under the intermittent employment contract (contrato de trabalho intermitente) regulated by Art. 452-A of the CLT, which of the following rules is legally correct regarding the call to work and refusal by the employee?
A.The employer must call the employee at least 3 calendar days in advance, the employee has 1 business day to respond, and refusal to attend an invitation constitutes indiscipline justifying summary dismissal.
B.The employer must call the employee at least 3 calendar days in advance; the employee has 1 business day to respond (silence presumed refusal); and refusing the call does NOT presume subordination or constitute a disciplinary violation.
C.The employee is prohibited from rendering services to other employers during inactivity periods between calls.
D.The employee is entitled to receive standby pay (sobreaviso) equivalent to one-third of the hourly wage for all periods of contractual inactivity.
Explanation: Pursuant to Art. 452-A, §§ 1º, 2º, and 3º of the CLT, the employer must summon the intermittent employee with at least 3 calendar days' notice. The employee has 1 business day to respond, with silence presumed as refusal. Art. 452-A, § 3º explicitly guarantees that the refusal of the offer does not uncharacterize subordination or give rise to disciplinary penalties. During inactivity periods, the worker may render services to other contractors (Art. 452-A, § 5º).
About the Magistratura do Trabalho CSJT Exam
The Concurso Nacional Unificado para Ingresso na Carreira da Magistratura do Trabalho is the unified national judicial selection process conducted by the CSJT and TST to recruit substitute labor judges across all 24 Regional Labor Courts (TRTs) in Brazil. The competition evaluates comprehensive knowledge of individual and collective labor law, labor procedural law, constitutional law, and related legal disciplines.
Assessment
Five stages under Resolução CNJ nº 75/2009 and the CSJT edital: prova objetiva seletiva (100 five-option MCQs, 5 hours — Bloco I 40, Bloco II 30, Bloco III 30); two written papers (a prova discursiva and a prova prática consisting of drafting a labour judgment); sindicância de vida pregressa plus physical and mental health examination; prova oral; and avaliação de títulos.
Time Limit
5 hours (300 minutes)
Passing Score
60% overall (60/100) with minimum 30% in each block
Exam Fee
R$ 320,00 (Conselho Superior da Justiça do Trabalho (CSJT) / TST / FGV Conhecimento)
Magistratura do Trabalho CSJT Exam Content Outline
30%
Direito Individual e Coletivo do Trabalho (Bloco I)
CLT principles, employment contract formation, wages, working hours, health/safety, collective bargaining, and strike rights.
10%
Direito Administrativo e Penal (Bloco I)
Administrative acts, public procurement, civil service regime, and crimes against labor organization (Arts. 197-207 CP).
15%
Direito Processual do Trabalho (Bloco II)
Labor court jurisdiction, procedural acts, evidence, labor appeals (RO, RR, Agravo), and labor execution.
15%
Direito Constitucional e Civil (Bloco II)
Social fundamental rights, constitutional review, Civil Code contracts, and civil liability for occupational accidents.
10%
Direito Processual Civil no Processo do Trabalho (Bloco III)
Auxiliary application of the CPC in labor courts, urgent provisional remedies, collective actions, and binding precedents.
20%
Direitos Humanos, Seguridade Social e Internacional (Bloco III)
Decent work standards, ILO conventions, social security accident benefits, and international labor standards.
How to Pass the Magistratura do Trabalho CSJT Exam
What You Need to Know
- Passing score: 60% overall (60/100) with minimum 30% in each block
- Assessment: Five stages under Resolução CNJ nº 75/2009 and the CSJT edital: prova objetiva seletiva (100 five-option MCQs, 5 hours — Bloco I 40, Bloco II 30, Bloco III 30); two written papers (a prova discursiva and a prova prática consisting of drafting a labour judgment); sindicância de vida pregressa plus physical and mental health examination; prova oral; and avaliação de títulos.
- Time limit: 5 hours (300 minutes)
- Exam fee: R$ 320,00
Keys to Passing
- Work through all 100 available questions
- Review every answer and explanation
- Track weak areas and revisit them
- Use our AI tutor for tough concepts
Frequently Asked Questions
What is the passing cutoff for the Concurso da Magistratura do Trabalho?
Candidates must achieve at least 60% of total points (60 out of 100) and at least 30% of points in each of the three discipline blocks.
Is the ENAM certificate required for the Magistratura do Trabalho?
Yes, under CNJ Resolução nº 531/2023, valid qualification in the Exame Nacional da Magistratura (ENAM) is a statutory prerequisite for registration.
What are all the stages of the national labor judge selection?
The competition includes 5 stages: (1) selective objective exam; (2) written discursive and sentence-drafting exams; (3) registration, medical, psychological, and background checks; (4) oral examination; and (5) evaluation of academic/professional titles.