Learn about the main points of labor modernization

 

With the approval of the labour reform, last Wednesday (26), in the plenary of the House of Deputies, know the main changes in the consolidation of labor laws (CLT) and also know what myths and truths that involve the text-base of the bill N º 6787/2016.

Among the most important changes are stipulated the rules for intermittent work, the prevalence of the agreement and collective conventions on the law at 15 different points and the end of the mandatory Union contribution.

 

 Myths and Truths

Agreed upon the legislated

Myth: The possibility of negotiation through convention or collective agreement invalidated the power of the law.

Truth: The text is clear by pointing out 15 themes that can be negotiated or agreed upon. This innovation will value the collective agreements and conventions, which know better than the generic laws the needs and peculiarities of the local realities of their categories.

 

 12 hours of work for 36 hours of rest

Myth: The journey of 12 hours will mean a setback and withdraw workers ' rights.

Truth: The proposal only formalizes a practice that is already usual and recurrent in work relations, as is the case of hospitals and surveillance companies. The 12×36 journey is more beneficial to the worker, who labora 12 hours and rests 36 uninterrupted hours.

 

 Work at home

Myth: The Home Office work removes the employer's responsibility and employee rights.

Truth: This modality provides reduced company costs and increased employee flexibility to manage their working time and family life, without any of their rights being withdrawn. The Home Office is previously agreed with the employer including with regard to the use of equipment and expenses with energy and Internet.

 

 Intermittent work

MYTH: Intermittent work generates insecurity and uncertainty, precarting work relations.

Truth: Formality will be maintained in labor relations without the reduction of rights already guaranteed. This modality will allow the creation of new jobs, thus generating opportunities for the entry of young people in the market. In addition, this flexibility makes it possible to reconcile parallel activities such as childcare and even another job. That is, it guarantees rights such as Fgts, holidays and 13th salary.

 

End of trade union tax

Myth: The end of the mandatory union contribution will weaken the unions.

Truth: The end of the obligation will strengthen the unions that actually fulfill their role of representing their categories, as these are chosen by the employees and employers to represent them. The text ends the employer's contribution. Any union discount must be expressly authorised.

 

 Parceladas vacations

MYTH: The employer will impose on the employee the fractionation of holidays in three periods, as the company is invited.

Truth: The worker will have the freedom to dispose of his holidays in up to three periods if he wants. One of these periods may not be less than 14 days and the remainder may not be smaller than five.

 

 Voluntary jurisdiction

MYTH: Voluntary jurisdiction, by encouraging the parties to seek alternative forms of conflict resolution, injures the constitutional principle of free access to justice.

 

Truth: The measure does not impose a prior attempt at conciliation between the parties. Voluntary jurisdiction encourages the parties to attempt to resolve a judicially conflict. The measure provides legal certainty for these rescisatory instruments, thus reducing the number of labor actions and the judicial cost.

Deixe um comentário

O seu endereço de e-mail não será publicado. Campos obrigatórios são marcados com *

Preencha esse campo
Preencha esse campo
Digite um endereço de e-mail válido.
Você precisa concordar com os termos para prosseguir