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Supermarket condemned for preventing covid-19 test on employees



São Paulo – The Labor Court condemned a supermarket in Cachoeiro de Itapemirim (ES) for not allowing employees to undergo covid-19 tests. According to the sentence of the 2nd Local Labor Court, “in a first and most important moment (that of preventive inspection), it left workers unprotected from work safety rules, caused risk to their families and rectified them, in addition to challenging the epidemiological surveillance authorities with irrational denialism ”. As it is a first instance decision, an appeal is possible.

The case originated from an action proposed jointly by the Public Ministry of Labor and the Public Ministry of Espírito Santo. According to the MPT, the supermarket was ordered to pay R $ 50 thousand, as collective moral damages, “for making the work of the municipality’s health and epidemiological surveillance difficult”. The sentence is signed by Judge Geovany Cardoso Jeveaux.

Contaminated and working

Also according to the Labor Prosecutor’s Office, the supermarket owner kept employees contaminated by covid-19 “working normally, without respiratory protection”. In addition, it prevented “the epidemiological surveillance agencies from carrying out tests on employees”. The owner himself and his wife were contaminated, according to the lawsuit. “However, the couple refused to social isolation and to wear masks,” says the MPT.

The indemnity will be destined to “public and private non-profit entities”, to be indicated by the Public Ministry of Labor. 140 kilometers from the capital, Vitória, Cachoeiro de Itapemirim is the birthplace of the singers Roberto Carlos and Sérgio Sampaio of the writer Rubem Braga.

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more unemployment and more informality




São Paulo – Government, businessmen and some parliamentarians were in tune with the defense of the bill that, if approved, would lead to the creation of Law 13,467 in 2017. The so-called labor reform, after all, would lead to the creation of millions of jobs. This would happen to the extent that it would end the rigidity of the legislation, which they treated as being “plastered”, facilitating hiring and giving the much-needed “modernization” to the Brazilian labor market.

Because the law completed three years on November 11 “and nobody celebrated, not even timidly”, recalls analyst Marcos Verlaine, from the Inter-Union Department of Parliamentary Advisory (Diap). “Among the expectations generated by the authors, the government of that time, the businessmen, who sponsored, defended and acted strongly in Congress to approve it, the media and reality, remained the harsh reality”, he says, in an article. He defines the measure passed by Congress as a “capital Trojan horse” to implode labor rights.

Collective bargaining?

The insistent defense of the “negotiated over the legislature”, a recurring expression at the time, was not to privilege negotiation, notes the analyst. “It was to remove rights, since the negotiations – both CCT (ccollective labor agreements) and ACT (collective labor agreements) – they never prevented, on the contrary, that the conventions surpass the CLT, nor that the agreements surpass the conventions. ”

The “millions” of jobs did not come, even before the pandemic. The growth in occupation was basically due to informal work. In 2016, the year before the “reform”, the country had 10.1 million unpaid employees in the private sector and 22.4 million self-employed workers. Last year, they were 11.6 million and 24.2 million, respectively (check table). The data are from the National Household Sample Survey (Pnad) Continua, from IBGE.

Modernization or precariousness?

Employment with a wallet fell. And the Gini index at work, which measures inequality, which until 2015 fell, rose again the following year and has not stopped.

The “reform” introduced hiring modalities, such as intermittent work. They were also presented as items of the necessary “modernization”, but union members and researchers identify them as additional signs of precariousness in the market. Although still small, the participation of the intermittent modality has been growing.

This week, the Federal Supreme Court (STF) began to judge direct actions of unconstitutionality against intermittent work. In his vote, the rapporteur, Minister Edson Fachin, considered the item unconstitutional and causing damage to workers’ health. But his colleagues Kassio Nunes Marques and Alexandre Moraes were in favor of the sport. The trial was interrupted by a request for view from Minister Rosa Weber.

If it is impossible to revoke the law in its entirety, Verlaine suggests specific changes, citing intermittent hiring. “It is necessary to negotiate with all political and social actors in order to bring about changes in this scorched earth scenario” he argues.

read more: ‘Labor Reform’: Stories of a False Promise and Changes in ‘Endless Destruction’

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