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TST judges non-abusive strike, sets readjustment, but eliminates clauses

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São Paulo – In a split vote marked by criticism of the posture of the Brazilian Post and Telegraph Company (ECT), the Superior Labor Court (TST) considered the strike of employees, which today (21) completes 35 days, is not abusive. The ministers determined a return to service as of tomorrow and set a readjustment of 2.60%, just below inflation (INPC added 2.69% in 12 months, until July). And, by 4 votes to 3, they maintained only clauses considered “social”. Thus, the collective agreement loses 50 of its 79 clauses. The workers will still hold meetings to evaluate the result and decide.

The rapporteur of the process, Minister Kátia Arruda, had preserved almost all the content of the agreement. But former TST president Ives Gandra Filho opened a dissenting vote and won a majority. He proposed to maintain only 20 clauses, in addition to the nine that ECT had decided to preserve.

Historical achievements

The significant cut in terms of clauses was qualified by the acting president of the court, Luiz Philippe Vieira de Mello Filho – the incumbent, Maria Cristina Peduzzi, contracted covid-19. “We are practically excluding the normative power (from the Labor Court), ending historical achievements ”, he said. For him, this will provoke “much more conflict than solution”. Minister Maurício Godinho Delgado was equally concerned: “This criterion reduces the normative power too much”.

During the trial – which was interrupted for more than an hour due to transmission problems, due to heavy rain in Brasília -, the rapporteur made several criticisms of the direction of the Post Office. According to her, the company “peremptorily refused” to negotiate, maintaining conduct that she called “negativistic”.

“There was no negotiation”

“Was there any collective bargaining? In my view, there was not, ”said Minister TST on the conditions that led to the postal strike. “The strike was largely caused by the uncompromising stance of ECT. the workers were, in my view, provoked by the company to the state of strike. I think the category was instigated to the conflict. ” The acting president reinforced: “They were practically pushed to strike”.

Deputy Attorney General for Labor, Luiz Flores, commented that the company made the deal impossible. At the beginning of the session, he noted that ECT, “I believe that through a kind of attempt to clean up labor rights, through a privatization initiative”, offered only what was provided for in the CLT. “Now, we know that in collective labor law, the CLT has to be fulfilled in any way. So, (the company) offers nothing ”, he added.

Critics also to the STF

The criticisms were also directed to the Federal Supreme Court, which responded to the Post Office’s appeal and changed the TST’s own sentence in last year’s agreement. As a result, the duration of the collective bargaining agreement went from two years to one, and ECT was able to remove 70 of the 79 clauses, which expired on August 1 (base date). “The Supreme Court in terms has usurped the normative power of Labor Justice,” said Flores. “There was an anticipation of the conflict, which would only happen in July 2021,” said Minister Kátia. “It is the first time that we have judged a matter in which the company removes practically all preexisting clauses”, recalled the rapporteur.

The lawyer for Fentect (national workers’ federation), Alexandre Simões Lindoso, spoke of “true erosion on a large scale” of rights. “The willingness to negotiate came up against the resistance of the company, which made a dead letter to Article 616 of the CLT,” he said. The mentioned item determines that the parties cannot refuse to negotiate.

Financial difficulty?

He also contested the employer’s claim of financial difficulty. “In the balance of 2019, the Post Office has already signaled that there is no risk of discontinuity of the company,” he said. In addition, the first seven months of this year had a positive result of R $ 614 million. For Hudson Marcelo da Silva, lawyer for unions linked to Findect (interstate federation). ECT seeks to “erase history” from the category. “I have never seen a company submit a proposal with these characteristics, not even proposing to maintain social clauses that have no financial impact.”

The lawyer Mariana Scandiuzzi, who represented the Correios, told the TST that ECT has been losing millions due to the strike. “The company’s financial inability to maintain benefits is already sufficiently demonstrated in the file,” he said. According to her, the positive result of this year “results from the postponement of payments”, which will have to be made in the second semester.

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Economy

Centrals promote act for emergency aid of R $ 600 in São Paulo

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São Paulo – Union centrals will return to the streets next Tuesday (3), for an act in São Paulo, in front of the headquarters of the Central Bank, on Avenida Paulista. On the centrals’ agenda is the maintenance of emergency aid in the amount of R $ 600 and the exemption from payroll so that companies can react to the effects of the pandemic and keep jobs. The demonstration is scheduled for 11am.

The issue of R $ 600 emergency aid has been the subject of a campaign by the exchanges since September, when the government issued Provisional Measure (MP) 1,000. The benefit was extended until December, but the Planalto cut the amount in half, to R $ 300. The opposition in the Chamber and the centrals want the MP to enter the agenda, which has been obstructed for a month. This week, the President of the House, Rodrigo Maia (DEM-RJ), said he could include the topic on the agenda.

The maintenance of tax relief for 17 sectors of the economy was vetoed by Jair Bolsonaro. At first, it ends in December. But Congress is mobilizing to overturn the veto. The president of the Senate and Congress, Davi Alcolumbre (DEM-AP), scheduled for next Wednesday (4) a joint session to analyze presidential vetoes and bills.

Positive for covid

The president of Força Sindical, Miguel Torres, tested positive for covid-19. On video, he said he had no serious symptoms and was breathing normally. Already medicated, he will be quarantined at home. With the confirmation, the manager’s family is conducting tests.

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