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- Reforma Trabalhista Comentada por Juízes do Trabalho: Artigo por Artigo
- Lei Nº 6.019 de 1974 Com as Alterações Dadas Pelas Leis Nºs. 13.429 E 13.467 de 2017
Art. 5º-D
Autor | Ângela Maria Konrath |
Páginas | 560-560 |
Page 560
Lei n. 6.019/1974 – texto anterior
Sem correspondência
Art. 5º-D. O empregado que for demitido não poderá prestar serviços para esta mesma empresa na qualidade de empregado de empresa prestadora de serviços antes do decurso de prazo de dezoito meses, contados a partir da demissão do empregado.
No mesmo sentido do artigo anterior, o art. 5º-D cria uma regra de contenção à precarização via contratação terceirizada, pela figura da pejotização, estabelecendo que: “O empregado que for demitido não poderá prestar serviços para esta mesma empresa na qualidade de empregado de empresa prestadora de serviços antes do decurso de prazo de dezoito meses, contados a partir da demissão do empregado”.
Acerca desse dispositivo, José Affonso Dallegrave Neto assim pontua: “Com outras palavras, o legislador só permitirá a ‘pejotização’ do ex-trabalhador após 18 meses da rescisão de seu contrato de trabalho com aquela Empresa tomadora do serviço. A nova Lei 13.467 assinalou igual prazo de 18 meses para que a ex-empregadora (a empresa prestadora de serviço) fique impossibilitada de rescindir o contrato do empregado efetivo e em seguida o recontrate como terceirizado”1.
[1] DALLEGRAVE NETO, José Affonso...
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