Do you know what are labor rights? Labor rights are laws that govern the relationship between employee and employer. In November 2017, changes were made on some points in the UK residents legislation dealing with this issue, aiming mainly at improving the company's relationship with its professionals.
The new rules of labor rights they are valid for both current and new contracts. Therefore, it is essential that HR professionals and those responsible for bureaucratic issues of employees to get to know in depth and to update themselves on the subject. With this, it is possible to take precautions and avoid future labor lawsuits.
To help you understand the main changes in labor laws after the reform, we highlight in the article:
- Emergence of CLT;
- Labor rights that changed with labor reform;
- Labor rights that have not changed with the reform.
Emergence of CLT
In 1943 the then president of Brazil, Getúlio Vargas, instituted the Consolidation of Labor Laws (CLT). Based on the decree 5,452, from May 1, 1943, the CLT brought laws that regulate labor rights, in the bond between employee and employer.
In other words, all professionals hired under the CLT regime, by formal contract, have rights under the law, which must be respected by the company.
It is important to note that legal entities carry out independent work, without an employment relationship with the company. Therefore, they do not enter the CLT regime.
Check below the items that have undergone changes in labor rights, with the approval of the new reform, and which points have not undergone adjustments
Labor rights that changed with the reform
The reform of labor rights has altered some points, which now leave room for negotiation between employee and employer. Find out more what has changed in the labor law:
- Intermittent work;
- Union contribution;
- Pregnant and lactating women in an unhealthy environment;
- Home office;
- Lunch period
- Actions in court.
Below we will explain point by point what were the adjustments made to the labor rights in relation to the new reform.
The 12 × 36 journey, where the person works 12 hours straight and rests 36 hours, could only happen via collective agreement. However, labor rights of the new reform allow individual agreements, without the need for union participation.
Another change in this regard was the partial shift. With the reform, it is possible to make a contract that provides for a partial day of up to 30 hours. In this case, there is no possibility of overtime.
There is also the possibility of 26 hours per week with 6 hours extra and 50% additional payment. The partial workload in the previous law was 25 hours a week.
U.S labor rights pre-retirement the period of vacation it was divided into two parts and none of them could be less than ten days old. However, with the reform, it is possible to divide the vacation into three periods, one of which must be longer than 14 days.
In addition, it was forbidden for the vacation period to start in the days preceding the weekly restusually on Saturdays and Sundays. Nor are they allowed to start two days before a holiday.
The paid work for a period worked, known as intermittent work it became valid with the labor reform. For this reason, companies can make work contracts not continuous.
Professionals are paid by the hour and the amount cannot be less than the minimum wage in force, or less than that received by other people in the same function. Employees who are hired under this model are entitled to FGTS, vacation, 13th salary and social security, all proportional.
THE union contribution it was charged annually automatically. However, in the new labor rights this discount became optional. Therefore, the amount is deducted from the salary of the professionals who authorize it.
Pregnant and lactating women in an unhealthy environment
From the reform, pregnant and breastfeeding mothers will be able to work in an unhealthy environment, as long as their health or that of the baby are not interfered with. In this type of work environment, the risk must be considered low or medium, in addition to being certified by a doctor.
In the previous rules, pregnant and lactating women were prohibited from working in unhealthy places, regardless of the degree of risk.
In case of home office, the new ones labor rights allow employees to receive for tasks performed, without journey control. However, it is important to note that trips to the company for eventual meetings or any specific work do not detract from the home office.
In addition, the employment contract must contain rules for equipment, performed activities and also responsibility for expenses.
According to the new labor rules, there is no employment relationship in the hiring of autonomous, regardless of whether there is a continuity or exclusivity agreement.
Therefore, professionals have the right to refuse to perform activities that are not included in the contract. In addition, they have the freedom to exercise their position for more than one company.
At CLT, a minimum of 1 hour rest is required for employees to take their lunch break. However, labor rights after the reform they allow a negotiation of that time between the parties involved.
If the 1-hour period is shortened, the company will have to deduct it from the workday.
Actions in court
An employee who misses a hearing regarding a labor lawsuit can be held responsible and will have to bear fines and indemnities if the judge interprets that he has acted in bad faith.
In addition, he will have to pay the opposing party's fees and court costs if he misses the hearings and loses the lawsuit.
In shares by moral damages against the employer, compensation for serious offenses is stipulated at up to 50 times the salary received by the professional. With the reform, it is necessary that the values of the shares are specified in the initial petition.
Labor rights that have not changed with the reform
If, on the one hand, the points mentioned above labor rights have been adjusted with the labor reform, some have not changed. Are they:
Why are labor rights important?
You labor rights they need to be respected by companies to avoid future lawsuits and problems with justice. It is necessary, therefore, that companies are always attentive to changes in the law and its particularities.
The new labor reform brought important points, which have as main objective to give greater openness in the relationship between employee and employer. Negotiation between them, even, was above the law of the CLT, as stated in the article 611-a:
“Art. 611-A. The collective bargaining agreement and collective bargaining agreement, in compliance with items III and VI of the caput of art. 8 of the Constitution, take precedence over the law. (Wording given by Provisional Measure nº 808, of 2017). ”