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MPF considers unconstitutional labor ‘reform’ item on 12×36 day

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São Paulo – The item of the 2017 labor “reform” on individual agreements to implement the 12 × 36 day is unconstitutional, according to the opinion of the Federal Public Ministry sent yesterday (3) to the Supreme Court. The STF analyzes a direct action of unconstitutionality, ADI 5.994, on the subject. Filed in August 2018, the lawsuit is reported by Minister Marco Aurélio Mello.

The National Confederation of Health Workers (CNTS), which filed the lawsuit, questions the expression “individual written agreement”, included in Law 13.467, to authorize the fixing of the workday, which provides for 12 hours of work for 36 hours of rest. It is a common modality in hospitals, but with the “reform” it was extended to any establishment.

In his statement to the Supreme Court, the Attorney General of the Republic, Augusto Aras, recalls that under the Constitution the maximum workday is eight hours per day and 44 hours per week, allowing compensation or reduction through collective agreement. And Article 7 of the Charter values ​​collective bargaining as a way of making the journey more flexible, but provided that it improves the social condition of the worker. “The simple reduction or waiver of rights, especially of unavailable constitutional rights, is not allowed, but it is necessary to agree on compensation or compensation,” he says.

For this reason, according to him, the change included in the 2017 law restricts a fundamental right: to defend, through its representatives, a journey suited to the interests of the category and negotiated collectively. The “reform”, therefore, hurts what he calls collective private autonomy, the right to bargain, and thus “the right of collective resistance of workers to obtain labor compensation”.

Health and safety at Work

The attorney general agreed with another point highlighted by the CNTS, the one that provides that payments due to the worker as paid weekly rest (DSR) and rest on holidays are covered by the monthly remuneration. Thus, holidays and night work extensions would already be compensated on the scale. Aras considers that this item is also unconstitutional.

According to him, these are issues related to health and safety at work, which is “in the spotlight” of the International Labor Organization (ILO). “The imposition of limits on the duration of work has fundamentals of a biological, social and economic nature, connected, to a greater or lesser degree, with worker safety and human, physical and mental health.”

In presenting the ADI, the confederation also warned of potential health risks. According to the entity, many workers “inadvertently, or very possibly due to the pressing need for employment, submit to extraordinary working conditions without the necessary external supervision, which is only possible by agreeing on the normative and collective labor instrument”.

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Economy

Argentine President contaminated by covid-19 and fulfills isolation

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São Paulo – The president of Argentina, Alberto Fernández, informed on social media that he tested positive for covid-19, after showing symptoms of the disease. He said he is in isolation and has warned people with whom he has had contact in the past 48 hours. And he also reported that he had 37.3ºC of fever, in addition to feeling a slight headache.

The announcement was made this Saturday (3), the day after Fernández turned 62. “For everyone’s information, I am physically well and, although I wanted to end my birthday without this news, I am also in a good mood,” said the president.

He received the first dose of the vaccine (Sputnik) in January. The second, the following month. “I’m fine, I don’t have any symptoms. Only this fever from yesterday that I reported ”, he declared to the newspaper Clarín. “It is a very complicated virus, and the demonstration is that I got infected, even though I was vaccinated with both doses and with extreme care,” he added.

Former President Luiz Inácio Lula da Silva, who received the second dose of the vaccine today, sent a message of support to “Daqui do Brasil I send good energy, hoping for its prompt recovery. May soon overcome this disease to continue caring for the Argentine people. Hugs, mate! ”He wrote.

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