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Labor Understanding that there was no illegality or violation of a clear and certain right in the case, Subsection II Specialized in Individual Disputes of the Superior Labor Court rejected the appeal of a retired worker in a writ of mandamus filed against a decision that ordered the suspension of his process. DisclosureAASP The TST's decision was based on a recent determination by minister Gilmar Mendes DisclosureAasp According to the collegiate, the decision follows a recent determination by the Federal Supreme Court to suspend all processes that deal with the substance of the case. In the labor complaint, the former Oi SA employee intended to receive profit sharing (PLR) for and , under the same conditions as active employees. However, the court of the nd Labor Court of Curitiba suspended the process based on the decision of Minister Gilmar Mendes, of the STF, who in the Claim of Non-Compliance with Fundamental Precept determined the national suspension of all processes relating to the application of the ultraactivity of norms of agreements and collective conventions.
Against the first instance decision, the Greece Phone Number retiree filed a writ of mandamus, requesting an injunction, arguing that his demand was not based on a collective norm, but on an atypical contractual relationship signed in with Telepar, later acquired by Oi As an autonomous norm, it would have become part of the employment contract and would characterize an acquired right. The Regional Labor Court of the th Region (PR), however, considered that the controversy is related to the matter of ADPF and denied security, leading the retiree to appeal to the TST. The rapporteur of the appeal, Minister Renato de Lacerda Paiva, noted that, in the labor complaint, when justifying the request for the PLR portion, the employee made express reference to TST Summary , according to which the normative clauses of agreements or collective conventions are part of the individual employment contracts and can only be modified or suppressed through collective negotiation. It turns out, however, that the application of the summary is suspended precisely due to the determination her words, Brazil's non-inclusion on the list of cases with serious violations of international standards this year does not mean that the ILO appreciated Brazil's compliance with ILO Conventions.
But only that, at the moment, there was no consensus between workers' and employers' unions for this discussion, given the existence of cases considered more urgent and that require immediate assessment, such as the case of Colombia, due to peculiar situations that have occurred in the country. It is noteworthy that, in order to continue the assessment of the "Brazil case" in the next International Conferences, the ILO experts requested several measures and information, some of which had already been requested previously and not responded to by the Brazilian government. By way of demonstration, the following can be cited: ) need to amend article -A of the CLT, as amended by the Labor Reform, to make clear the situations in which collective negotiations will prevail over the law and to what extent, as well such as, the request for precise information on the number of collective agreements and conventions made after legislative changes; ) need to change the sole paragraph of article of the CLT, regarding the prevalence of individual agreements over collective negotiations for employees with a higher education diploma and salary higher than twice the Social Security ceiling; ) information on collective negotiations formalized by entities representing self-employed workers.
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發表於 16:26:01