Friday , December 4 2020

Make a warning about Labor Reform



05/11/2018 at
21:40

Updated 11/11/2018 at
21:41

Paulo Sérgio João

After a year of Labor Reform, is it correct to analyze the impact on labor relations? Or are we still in the phase of hope for change?
There are not a number of events related to this problem, but it seems that it cannot even be said that Law No. 13467/17 was fully effective on November 11 because on November 14, Temporary Size No. 808 was issued which lasted until 24 April 2018, when it was no longer elected by the House of Representatives and, as such, we returned to the Reform Act as a whole.
The situation is the first moment of hope for the enactment of the law; in the second second, with the possibility of approval of Provisional Measurement 808; and the third with the election of the President of the Republic, hearing from candidates, all, and especially the most elected, who will change the labor law. That year is more than expected and will continue until new directions are clearly defined.
However, it is better to reflect on the Reformation in three aspects: in labor disputes, in collective labor relations and in job creation.
In fact, analyzed by the prism of labor litigation, we can talk about reducing the number of shares.
In fact, the only clearest perception is that there has been a reduction in the actions of adventurous workers because of relapses and restrictions on free justice. This is not to say that we enforce the law strictly, but the reparation requirements for damage are more selective in the form and number of claims submitted. Previously, requests, placed in alphabetical letters, went from "a" to "z" and it was up to the Labor Judge to filter to provide the appropriate jurisdiction performance.
On the side of collective labor relations, trade unions, after losing a large portion of their income through the transformation of mandatory union membership to faculty, still have many efforts to ensure that the professional category model is most suitable for the interests of workers, and thus attracts colleagues and, subsequently , voluntary contributions. What is observed, however, is that the model of unity is only formally maintained by the Federal Constitution, but is far from identifying workers with entity representatives. The reality is no longer driven by the model we have and there are celebrations that are marked by collective bargaining agreements, with adjustments and negotiations that are right for the workplace.
In the context of creating new jobs or jobs, labor laws are far from this goal. Without economic development and wealth generation, no decree would serve as a miracle model to be included in the 13 million unemployment formal work. Intermittent employment contracts, one of the new things of the Reformation, do not function to include in the formalities of workers who provide services informally. The impact on job creation is, as far as we are concerned, lacking.
Therefore, given that Law Labor Reform 13467/17 began to take effect as a whole after MP 808 ended in April 2018, we still do not have a year of effective practice in several aspects.
In addition, only after the period of evaluation of the number of labor lawsuits and their contents and their assessment that it is possible to evaluate more closely whether Labor Reform impacts on employment relations and what types of effects can be considered. Even though it doesn't come, everything that is said is the assumption and interpretation of the legal text.

Paulo Sergio João is a lawyer and professor of Labor Law at PUC-SP and FGV


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