The interim measure (MP) created by the government to try to stimulate employment, already called a new labor reform, provides for penalties for workers and union companies who fail to vote in union elections and do not justify their absence. It should be at least $ 1,000 and can reach $ 10,000, according to the government.
The text of the measure, which is part of the Green Yellow Program, prepared by the economic team, stipulates that labor violations are classified as mild, medium, serious or very serious.
The Special Secretariat for Social Security and Labor at the Ministry of Economy says a decree says the elections will be considered mild. Violations like this can generate fines of $ 1,000 to $ 10,000, according to the MP's text. "The exact amount will determine who will be sentenced, based on the economic size of the offender," said labor lawyer Luis Paulo Miguel.
The prosecutor will also consider other points in determining value, including whether the offender has prevented enforcement and is a repeat offender, says labor lawyer Horizio Condo, vice president of the Sao Paulo Association of Labor Lawyers.
The provisional measure is valid for 60 days from its publication and may be extended for another 60 years. But in order to be punished, the government must decide whether the injury will be minor, says Horacio Cond.
During the term of office, the Member of Parliament must be approved by Congress to expire.
The sentence shall not apply to the first offense
The Registrar states that the punishment is already provided for in the IPH (Consolidation of Labor Laws). "However, in the last five years, there are no objections to this reason," he said in a statement.
In addition, if considered light, the blame will not generate a fine immediately, according to the government. The measure also creates the opportunity for a double visit. This means that in some situations, including minor offenses, the prosecutor will only give the first contact warning. If there is a repeat, then yes, you can apply the sentence.
Companies can also be fined
The secretariat says the MP united in the same article the CLT all the provisions of administrative penalties for labor violations and created a gradation of punishment, from mild to very serious.
In doing so, the government put companies and workers in the same article.
"The punishment is not just for the workers but for the employers as well. The provision speaks of co-workers, and co-workers can be employees or employers. There are trade unions of employees and companies in Brazil, ”says Giorgio Cond.
Luis Paulo Miguel says unification makes sense and is useful for clarifying the text, but it ends up putting everyone in the same situation.
“They treated different numbers as equal. They put union employees and the employer, who is theoretically able to pay a fine in that amount, "he says.
Lawyers say it is unconstitutional
For Luis Paulo Miguel, this equation between a union employee and an employer is unconstitutional.
Giorgio Conde thinks the sentence is unconstitutional for violating freedom of association.
"This change has been made in a device that is already considered unconstitutional and this change is clearly unconstitutional," he says. "The constitution prohibits any interference in the trade union organization. And this change makes it clear. It offends the freedom of the union in a clear way. "
Gut says the change made by the government "is not an attempt to protect, but an attempt to attack the unions".
"This is not an instrument of union defense. In fact, it is an instrument of trying to squeeze the interest of employees and entrepreneurs into joining because then, if they do not vote, they will end up in punishment," he said.
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