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With overtime and outsourcing ahead, number of labor lawsuits grows

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São Paulo – The Superior Labor Court received 313,837 cases from January to September, 19.3% more than in the same period in 2019. The lawsuits totaled 251,845, an increase of 8%. The data are from the most recent edition of the Procedural Change Report, released by TST.

Of the total received, 276,687 are new cases. There are still 36,590 internal appeals and 560 returns for a new decision. Of those judged, the majority (152,571) were in monocratic (individual) decisions. The remaining 98,914, in sessions.

Larger stock, smaller time

The total of cases pending judgment increased 50.7% compared to last year. Thus, the stock of shares in the main Labor Court grew 16.7%, to 495,252 in September.

In turn, the average trial time fell 1.3% to 234 days. This deadline is below one of the goals set by TST’s strategic planning, which is 320 days.

Major debtors

The main themes of the processes are overtime (35,295), service taker / outsourcing (29,936), denial of jurisdictional provision (29,773), execution / calculation / correction amount (25,173) and attorney fees (24,991). Among the “top 10 litigants”, those with the greatest number of shares, are Petrobras (8,064 shares), União (7,395), Banco do Brasil (6,249), Bradesco (5,868), Correios (5,715) and Caixa Econômica Federal (4,621) ).

The list is completed with the State of Rio de Janeiro (4,358), Itaú (4,103), Santander (3,276) and Telefônica (3,273). In relation to December of last year, the total of labor claims involving these 10 fell 18.2%.

Regarding the origin of new cases, the largest portion comes from the Regional Labor Court (TRT) of the 2nd Region, which covers Greater São Paulo and Baixada Santista: 45,678. Soon after, there is the TRT of the 15th Region, in the interior of São Paulo, with 44,582. Then come the 1st (Rio de Janeiro), with 33,366, and the 3rd (Minas Gerais), with 32,139. The smallest number of new shares – 1,573 – originates from the 19th Region, in Alagoas.

The post With overtime and outsourcing ahead, the number of labor claims grows first appeared in Rede Brasil Atual.

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Economy

more unemployment and more informality

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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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