Flexibilização de direitos via negociação coletiva: o princípio da adequação setorial diante da prefixação de jornada extraordinária
The capital's globalization has been imposing substantial changes in labor relations, causing significant impacts on fruition of basic worker rights. The cyclical crises of the economy associated with the union activity weakening, contribute to the increasingly unbridled restriction of labor st...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6311979 |
| Source: | Revista de Direito Econômico e Socioambiental, ISSN 2179-8214, Vol. 8, Nº. 3, 2017 (Ejemplar dedicado a: setembro/dezembro), pags. 27-48 |
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| Summary: |
The capital's globalization has been imposing substantial changes in labor relations, causing significant impacts on fruition of basic worker rights. The cyclical crises of the economy associated with the union activity weakening, contribute to the increasingly unbridled restriction of labor standards, wrongly nicknamed "flexibilization", disregarding the long historical path for the achievement of essential labor rights. Likewise, the recent doctrine erected the principle of sectoral adequacy traded as guiding parameter of this flexibilization, establishing it, in the context of collective negotiations, as reference to measures that tend to curtail rights of absolute unavailability, such as those related to the limitation of workload. In this context, it is relevant to analyze the possibility of prior delimitation of extraordinary journey, regardless of the effective delivery of outstanding service: it would be possible the "flexibilization" of the right to full payment of overtime work? From the perspective of a case study, by the method of extensive direct observation and analysis technique of court process content, this paper aims to examine the application, within the Regional Labor Court of the 21th region, from the principle of sectoral adequacy negotiated before the prefixation of extraordinary journey in collectives bargaining. In this context, it is clear that the country jurisprudence has been ruled by the observance of limits on collectives bargaining, understanding - regarding the prefixation of extraordinary journey via agreement or collective convention - by the impossibility of such device, mainly considering the limitation of workload one of the most expensive and fundamental worker's right. |
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