Labor reform is the target of eighth questioning in the supreme
March 20, 2018
The creation of the contract of intermittent work is the target of new action against the labor reform in the Federal Supreme Court, moved by the federation representing employees in fuel stations (FENEPOSPETRO). The case is under the rapporteur of Minister Edson Fachin, who adopted the Rite of article 12 of the Law 9.868/99, to submit the merit of the proceeding directly to the plenary, without analysis of injunction. Intermittent work involves the provision of service with subordination, but not continuous, and can be determined by hours, days and months without a fixed journey. Fenepospetro states that, although the change has been introduced in the legal order under the pretext of expanding vacancies, this form of hiring will lead to lower wages and prevent the livelihood of workers. The entity wants the Supreme Court to declare articles 443 (head and paragraph 3) unconstitutional, 452-A (head and paragraphs), 452-B, 452-D, 452-C, 452-E, 452-F, 452-G, 452-H and 911 (head and paragraphs 1 and 2), all of the consolidation of labor laws , which arose under the law 13.467/2017, in force since 11 November. For the Federation, the rules violate principles of the dignity of the human person and of the isonomy and disrespect the articles XIII and XVI of article 7 of the Constitution, which deal with the duration of the working day and the remuneration of the extraordinary service, and it impairs access to Social rights set out in article 6. At least seven other actions have already process in the supreme against Labor reform. Intermittent work is also questioned by the Confederation of Private Security Workers (Contrasp). Fenepospetro already questions, in another case, the optional collection of the Union contribution, as well as four other entities. The Attorney General of the Republic considers that three devices (articles 790-B, 791-A and 844) on payment of judicial costs and fees for collapsing violated "the fundamental right of poor workers to judicial gratuity".
|Actions against reform:|
|Attorney General of the Republic||ADI 5766||Payment of Costs|
|Confederation of Workers in Transport transport (CONTTMAF)||ADI 5794||End of compulsory Union contribution|
|Confederation of Private Security Workers (Contrasp)||ADI 5806||Intermittent work|
|Central Public Server entities (CESP)||ADI 5810||Union contribution|
|Confederation of Logistics Workers||ADI 5811||Union contribution|
|Workers ' Federation of posts (Fenepospetro)||ADI 5813||Union contribution|
|Federation of workers in telecommunications companies (Fenattel)||ADI 5815||Union contribution|
|Workers ' Federation of posts (Fenepospetro)||ADI 5826||Intermittent work|
Changes in practice the Superior Court of Labor launched in October 12 videos with summary of what considers the main changes: Bank of hours, transportation, time in the company, work at a distance, partial work, intermittent work, vacation, pregnancy, Rest, elective union contribution, fine and moral damages. With information from the press advisory of the STF. Click here to read the Fenepospetro's initial petition.