Despite the positive effects, labor reform still raises questions

Seven months after the implementation of the labor reform, the results of the changes and innovations brought still raise questions, despite their positive effects.

Controversies and questions are still raised and hinder the application of the new labor procedural rules. However, the progress brought by them to update aspects of labor relations over which the previous legislation was silent, such as remote work or home office, for example, is unquestionable.

Another novelty brought by the labor reform is the fact that the unions will undergo a reorganization and reduction, due to the end of the mandatory union contribution, a contested point, however in the Supreme Federal Court (STF). Comment Wilson Sales Belchior, Lawyer specialized in Civil Procedural Law and partner at Rocha, Marinho e Sales.

“The initiative to modernize labor legislation in Brazil is in line with the attempt to recover economic growth, adapting legal rules to the requirements of the world economy”, comments Belchior.

In addition, he further states that the application of the labor reform did not take place more fully due to the existing questions about the validity of the changes to contracts signed before its publication.

“The issue related to intertemporal law still remains a key point for the application of labor reform, especially after the expiry of MP 808/17”, comments Belchior, referring to the provisional measure that aimed to change law 13.467 / 17 that dealt with of the most sensitive and controversial aspects of the reform, such as, for example, the prohibition of establishing a 12×36 day by individual agreement (except for the

Cheers); pricing of off-balance sheet indemnity based on the amount corresponding to the INSS benefit ceilings and not from the worker’s salary; definition of rules for cases of transition from standard to intermittent contracts; intertemporal application to existing contracts, among others, which expired on April 23 this year, without becoming a law.

With regard to another very sensitive and controversial point, namely – the end of the mandatory union contribution – the lawyer believes that the measure tends, in the long run, to reduce the number of unions and to improve the activities performed by these associations.

The lawyer also mentions the changes related to collective bargaining agreements, which have since prevailed over labor law, the possibility of dismissals negotiated between employees and employers and also the height of norms related to teleworking, as well as intermittent work , as positive aspects of the reform and that allowed a more flexible labor relationship.

Another gain, according to him, was the significant decrease in the number of lawsuits filed in labor courts, as a result of the rule that charges attorneys’ fees for those who lose a case in court and which began to inhibit the presentation of unfounded or adventurous actions.

Due to its recent implementation, it is still premature to assess the impacts caused by the reform in labor relations and contracts. The Superior Labor Court (TST) has not yet ruled on the interpretation of many of the controversial aspects brought about by the reform, and there is not even a unanimity among the ministers of the colendum Tribunal.

Source: Agência Estado – Broadcast