Post by xyz3600 on Feb 25, 2024 2:01:29 GMT -5
Provisional Measure 881, known as the “MP for economic freedom”, initially presented as a proposal to reduce bureaucracy in business activities, ended up being expanded, changing several articles of the CLT, even becoming considered by many to be a second phase of labor reform. This article will be limited to analyzing the possible impacts on the control of working hours, a crucial topic in employment relations and affected by the provisional measure, which aims to reduce the regulatory role of the State, expanding the space for free economic initiative. This MP provides in item II of article 3 that every natural or legal person has the right to produce, employ and generate income, ensuring the freedom to carry out economic activity at any time or day of the week, as long as labor legislation is respected.
It appears that the need for legal regulation of working hours will be maintained, but this will be done in a different way from what happens today, with the recording of working hours no longer being required for companies with up to 20 employees, a higher limit than the current one, which It only covers establishments with up to ten employees. Another extremely relevant change is the release of point Middle East Mobile Number List control by exception. However, what is referred to as control? Is this modality accepted by the Superior Labor Court? What are the advantages and problems that such control entails for employees and employers? Time control by exception is one in which there is only a record of hours overtime during the working day, with no record of hours normally worked, differently from what is determined in the current paragraph 2 of article 74 of the CLT.
On this topic, it is important to mention that Law /17, in article 611-A, However, the TST's jurisprudence has traditionally held that such point control regime by exception is invalid, even if there is a provision in a collective standard, as it contravenes the provisions of article 74, paragraph 2 of the CLT, since it is a matter related to safety and health. of the worker, and the recognition of collective negotiations contemplated in the Federal Constitution does not have the power to remove unavailable rights from workers. Pioneering decision, handed down by the 4th Panel of the TST in the judgment of the Review Appeal with minister Guilherme Augusto Caputo Bastos as rapporteur, on 10/9/2018, recognized the validity of the collective rule that authorized the marking only for overtime worked, followed by a recently final and unappealable decision (April 24), in the files of Process.
It appears that the need for legal regulation of working hours will be maintained, but this will be done in a different way from what happens today, with the recording of working hours no longer being required for companies with up to 20 employees, a higher limit than the current one, which It only covers establishments with up to ten employees. Another extremely relevant change is the release of point Middle East Mobile Number List control by exception. However, what is referred to as control? Is this modality accepted by the Superior Labor Court? What are the advantages and problems that such control entails for employees and employers? Time control by exception is one in which there is only a record of hours overtime during the working day, with no record of hours normally worked, differently from what is determined in the current paragraph 2 of article 74 of the CLT.
On this topic, it is important to mention that Law /17, in article 611-A, However, the TST's jurisprudence has traditionally held that such point control regime by exception is invalid, even if there is a provision in a collective standard, as it contravenes the provisions of article 74, paragraph 2 of the CLT, since it is a matter related to safety and health. of the worker, and the recognition of collective negotiations contemplated in the Federal Constitution does not have the power to remove unavailable rights from workers. Pioneering decision, handed down by the 4th Panel of the TST in the judgment of the Review Appeal with minister Guilherme Augusto Caputo Bastos as rapporteur, on 10/9/2018, recognized the validity of the collective rule that authorized the marking only for overtime worked, followed by a recently final and unappealable decision (April 24), in the files of Process.