Supreme Court will weigh in on major points of labor reform
2020 will be a decisive year for validating the labor reform in the judiciary. The Federal Supreme Court (STF) scheduled for the first half the trial of some of the main points of Law No. 13,467 of 2017.
The agenda on May 14 includes actions challenging rules for intermittent work and monetary correction of labor awards. Meanwhile, the justices are expected to decide on June 4 whether compensation for moral damages can be linked to the employee's salary.
Despite the discussions, changes brought about by the reform such as fractional vacations, individual overtime banks, extrajudicial agreement approval and even intermittent work and the 12-hour workday with 36 hours of rest have been applied by companies. In this case, to avoid future problems, most have made provisions.
The lawsuit on intermittent work entered the Supreme Court agenda last June but was postponed. The new date is May 14th. In this type of contract, employees expect to be called to work for a specified time (hours, days or months). In 2018, this type of contract generated 133,000 vacancies, according to the General Register of Employed and Unemployed (Caged). In the first year of the labor reform, there were 50,000.
The justices face two direct actions of unconstitutionality (ADI 5826 and ADI 5829) dealing with the subject. The National Federation of Employees of Gas and Petroleum Products Stations (Fenepospetro) and the National Federation of Telecommunications Workers and Telephone Desk Operators (Fenattel) filed the lawsuits. The unions claim that articles 443 and 452-A of Law No. 13,467 are unconstitutional because workers will not always receive a minimum monthly wage, and the employment relationship would be precarious.
The Office of Federal Prosecutor-General (PGR) recommended disregarding the lawsuits. It argues that incorporating the model would not lead to the automatic conclusion that the modality would weaken labor relations or the social protection of workers.
Daniel Chiode, an attorney with law firm Chiode Minicucci Advogados, says research shows an increase in job formalization with intermittent contracts. "If it were not for this new legislation, surely these people would not be formalized," he says.
For Pontifical Catholic University of São Paulo (PUC-SP) professor and labor lawyer Fabíola Marques, with Marques Abud Advogados, intermittent contracts are challenging because there is no minimum guarantee of salary or number of hours worked every month...
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