Aplicação da Reforma Trabalhista no Tempo. Art. 2º da MP n. 808/2017
| Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
| Páginas | 149-149 |
Page 149
Após as modificações trazidas em seu corpo, a MP n. 808/2017 estabeleceu também a aplicação da reforma trabalhista no tempo:
Art. 2º O disposto na Lei n. 13.467, de 13 de julho de 2017, se aplica, na integralidade, aos contratos de trabalho vigentes.
O legislador pacificou, portanto, que os termos da reforma trabalhista em seu aspecto material se aplicam aos contratos de trabalho vigentes, é podendo ser alterados para melhor adaptação aos novos preceitos legais, sem que haja, inclusive nulidade quanto aos direitos adquiridos.
Quanto aos contratos extintos, inegavelmente que as normas aplicáveis serão as anteriores à reforma trabalhista. Já os contratos futuros serão regidos pela lei nova.
É fato, também, que a MP n. 808/2017 vigorou no ordenamento jurídico brasileiro por vários meses. Sendo que diversos contratos de trabalho foram celebrados ou rompidos nesse ínterim. Assim, os contratos celebrados durante o período da Medida Provisória poderão...
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