The Labor Court did not show strong resistance to the application of labor law reform (Law No. 13 467 from 2017), which ends one year after 11 years. However, during the economic crisis, changes in labor law consolidation (CLT) appear to have caused the expected impact on the labor market. During the period of the standard, the balance of posts is 372,748 vacancies, compared to 2 million in the first two years – the number issued by the then Labor Minister Ronaldo Nogueira.
According to the Prosecutor General of Labor, Ronaldo Curado Fleury, information from the Cage of the Ministry of Labor shows the main charge of the Prosecutor's Office that this change will not generate more jobs has been confirmed. At the time of the adoption of the standard Fleury mentioned the research of the Organization for Economic Cooperation and Development (OECD) and the International Labor Organization (ILO) to show that countries affected by the economic crisis, such as Mexico and Spain, labor law did not increase their amount of formal employees.
"Economic development is what creates jobs, not the flexibility of rights," says Fleury. "The company will employ more employees only if it has more demand, if it will produce more, and the employment does not depend on the price of work," adds the prosecutor general.
Numbers related to the employment of intermittent labor – a new method envisaged in the reform – according to the lawyer Single Central of the Workers (CUT), Força Sindical and New Central of the Union of Workers, Jose Eymard Loguércio, continue to indicate "not doing work". The balance of interruptions between recruitment and redundancies in the period is 35 930.
There are messages, adds Loguércio, employees who have signed an exemption agreement, which will later be contracted by the same company or by another contracted as irregular. In such cases, an employee who has received a fixed monthly fixed salary and his reflexes now receives only worked hours when asked to do so.
In the opinion of the Chairman of the Labor Relations Council of the National Industry Confederation (CNI) Alexandre Furlana, the number of jobs created as a result of the reform will continue to grow. "Nothing has been done this year, I believe that thanks to the economic changes that should take place in the coming years, and I am not talking about politics, this should increase the number of jobs," he says. Furlan says that since 2017 there has been some improvement, which should be strengthened from 2019.
The law, however, adds Furlan, "was a breakthrough, regardless of the period of maturation that will be needed for full implementation." The norm for him modernized labor relations to be compatible with current forms of production.
According to Furlan, generating interrupted vacancies has already brought many people who have informally worked in the labor market. "It's the case of a waiter who works in a restaurant during the week and makes a weekend trip in the form of a buffet," he says. For Ronald Fleura, the prosecutor general, however, the vacancies created have already generated uncertainty. According to Fleury, the average monthly salary is 1.4 thousand. R $.
It is still necessary to better regulate the interruptible contract, according to Fleury, because the way in which an employee is not guaranteed to receive at least one minimum wage per month, and even then, will have a pension discount. But you will not be entitled to use social security. "This employee is in a state of suspension, he has decided to do an informal job."
Other points of the labor market reform that are already a reality are the breakdown of leave in more than one period and the institution of ATMs at particular hours. However, the long-awaited outsourcing is still crawling. The rationale is that many businessmen are still awaiting the approval of the Federal Supreme Court (STF), which took place only in August.
According to Furlan, in the CNI survey conducted in 2016, 63% of enterprises claimed to use outsourcing services, and 84% wanted to increase outsourcing, provided that it was approved by law. "We still do not have current data, but now, by the decision of the Supreme Court, I believe that this should increase the number of companies that will benefit from outsourcing," he says.
For him, however, there should not be "unrestricted outsourcing". Strategic areas of the company's operations should not go through outsourcing. "A food company will not outsource quality control." The school will not commission all of its teachers. "No one is crazy when it comes to hurting your own business."
There are companies that have decided to review outsourcing. "There are companies that came to the conclusion that having their own unarmed supervision at the porter's lodge was cheaper than outsourcing," he says. However, according to Furlan, the advantage of outsourcing is that in the event of a failure, the service provider is obliged to send someone else.
Although the issue has already been defined in the Supreme Court, the decision has not yet been published and there are still appeals (embargo on clarifications) to clarify certain issues, according to the president of the Labor Court of Justice (TST) João Batista Brito Pereira. Until then, the case law in TST was contrary to the outsourcing of the main activity (end-activity). There is even a summary (No. 331) in this sense.
According to the Prosecutor General for Labor, the supervision will continue to verify cases of fraud related to outsourcing and harassment of employees and job placement – when an employee is selected and there is only one intermediary, a practice that is still not allowed. According to him, after the entry into force of the reform, the number of reports in general at the public ministry of labor increased by 12%.
The acute phase of disputes and the impression that the law will not be enforced, according to Minister João Batista, Brito Pereira has already passed. "This does not mean that everyone benefits from the new rules," he says. "There are judges who declare certain unconstitutional points." But what is more controversial still depends on the STF's decision. This is the case, for example, in the case of interruptible work, the free of charge of labor courts and the payment of compensations for compensation and takeovers of employees.