Labor, Union-Related Matters and Compensation of Officers
> Labor, Union-Related Matters and Compensation of Officers
The compliance rules are reflected and applicable in the labor area. There is no denying and/or dismissing its impact within the company, whether in the relationship with other companies (outsourcing), or in the internal environment (with its employees). Compliance is an interdisciplinary program and its purpose is to establish rules and procedures (moral, ethical, behavioral, regulatory, etc.), which, if well established and monitored, will repress (active and passive) corruption and the filing of labor claims, generating a positive marketing. This program must be observed and applied in all sectors and segments, whether small, medium or large, and everyone must adapt to this new reality, taking preventive actions such as the elaboration of an internal manual of rules and procedures, adoption of mechanisms to avoid unethical, discriminatory conduct, harassment of any nature and other behaviors that violate the dignity of people or are illegal. In addition to these internal actions, companies should review contracts with service providers, as the conduct of outsourced workers may have to be supported by the service provider (company). Thus, our team is prepared and qualified to provide general advice, from the analysis of the company’s procedures and routines to the implementation of the program, including the training of all personnel.
HR Advisory and eSocial
With the obligation to send information to eSocial (a project of the Federal Government that will unify the sending of labor information) scheduled for 2016, the companies’ human resources (HR) departments will be the main ones affected by the implementation of the project, since the large number of employees data that will be provided to eSocial is related to people management. Considering that any non-compliance with the rules imposed by the eSocial project will result in severe penalties for employers, we have developed an action plan with professionals specialized in Labor Auditing, able to provide the necessary support in updating solutions and developing the preparation module that will communicate with the Federal Government digital network. We have an extensive methodology to implement the correct information system for GFIP, CAGED and MANAD accessory obligations whose deadlines will be changed, as well as RAIS and DIRF, all with the purpose of investing in solutions so that clients guarantee compliance with the labor legislation and do not suffer from future assessments and penalties. We have the expertise to develop the best organizational plan for all items of the company’s personnel management, grouping all the necessary information, unifying the responsibilities for labor, tax and social security information, a mandatory activity from 2016 with the implementation of the project.
Individual and Collective Claims
Performance at the individual and collective levels. At the individual level, it acts in demands that discuss all the issues inherent to employment contracts, covering the workday, possible frauds, accumulation of duties, salary equalization, work-related accidents, unhealthy and dangerous work, payment of severance pay, moral, material and existential damage, and other amounts arising from employment contracts, including the rights guaranteed by Collective Conventions, stability, etc. At the collective level, we act in the defense of homogeneous, collective and diffuse individual rights, as well as in the preparation of opinions related to the rights of members.
Provision of services involving full assistance in labor audits, always aiming to solve and prevent inaccuracies, infractions and additional burdens in companies’ work routines. We work with the purpose of minimizing eventual mistakes and losses of the audited routines, as well as of the judicial claims, improving more and more the administrative activity of the company’s employees and, consequently, preventing irregularities in the business environment, even behavioral differences within the institutions. Basically, the work is done in two stages. At the initial stage, minute survey and analysis of documents, verifying any inconsistencies of all the company’s routines. At the final stage, elaboration of reports and/or opinions with strategic solutions so that the problems that may be found during the audit are solved. In addition to the documentary analysis, the provision of this service takes care of the verification of the relation between employer and employee, with a systematic analysis of the procedures adopted by the company and if such procedures are in accordance with the labor law in force.
Labor Litigation and Consulting
Labor litigation has always been one of the biggest fears of companies, since in addition to the labor liabilities that are formed with litigation, the negative view of the employer starts to stand out, greatly hindering the employer’s business health. Thus, the most effective prevention is necessary to protect the company involved in constant demands, and to effectively avoid labor liabilities, resulting in labor consulting from the perspective of prevention. Many companies have managed to considerably reduce their liabilities due to consultancies previously carried out to adopt measures in general, that is, for the adequate application of labor legislation, since even though the company relies on the CLT for the compliance with labor laws, if it fails to apply correctly what the legislation determines, even in good faith, it ends up being submitted to judicial demands, including complaints to the inspection authorities. It is increasingly important that each company has a labor consulting partner, in this case a serious firm, with professionals prepared to serve them and in the face of day to day adversities, the fast-paced routines of companies, specialized feedback needs to be immediate, since many procedures in the labor area must be quickly applied, such as the application of just cause, which cannot wait for the delay in deciding this penalty, under penalty of tacit forgiveness and the employee obtaining, as a result, the reversal of the dismissal in this modality. It should be noted that the company may be often and in fact acting in accordance with the legislation, but if it does not adopt the measures with caution and with the support of a legal professional, it may end up responding in a negative way, when it was within its right. Therefore, it is not too much to call the attention of companies to the importance of guidelines that can considerably reduce discussions before the Labor Courts.
Ministries of Public Labor Prosecution
The Ministry of Public Labor Prosecution is responsible for “the defense of the legal order, of the democratic regime and of unavailable social and individual interests” (article127 of the Constitution), being able to “initiate civil investigations and other administrative procedures, whenever applicable, to ensure compliance with workers’ social rights” (article 84, item II of Supplementary Law 73/95). We seek solutions in administrative and judicial proceedings involving the Ministry of Public Labor Prosecution, working in the Civil Inquiry, preparing statements, following hearings and hearing of witnesses, and guiding in the signature of the Conduct Adjustment Agreement (TAC).
Negotiation With Unions
Labor relations must be revised to adapt to the economic reality that fluctuates frequently, whether due to political or competitive influence; as labor is one of the main assets of the company, it must be preserved. Thus, especially in crises, the best alternative to face it is to collectively negotiate individual employment contracts and so that it does not generate any nullity, the assistance of a professional in the area of specialized law is essential to offer legal alternatives. Collective bargaining is not only aimed at favoring and guaranteeing employees’ rights; its main purpose is adjusting the balance of labor relations, sometimes implementing flexibility measures aimed at preserving the employment of workers and the survival of the company. Evidently, a good work will reflect on productivity and, consequently, on revenue. For that, we have lawyers specialized in collective law, able to provide advice, participate and conduct collective bargaining, and defend clients’ interests in lawsuits arising from collective relations.
Occupational Safety and Security
A very relevant and extremely important issue, which should be observed with the utmost caution, is occupational safety and medicine. This is because, with the large number of accidents at work and occupational diseases, companies must be attentive to compliance with the rules that guide the matter. Guidance to clients, with analysis of the activity performed and its risks in relation to Occupational Safety and Medicine, covering both the obligations of the employer and the employee, including in cases of accidents, aiming at maintaining a healthy and safe work environment and, therefore, minimizing labor liabilities. In addition to providing guidance on the rules that must be adopted, we provide legal support regarding issues related to the organization of CIPA, as well as the monitoring of expert analysis and analysis of the reports required for compliance with the rules related to occupational safety and medicine.
Regulatory Standards, called NRs, aim to regulate compliance with labor legislation, especially with regard to workers health. Although these rules are available on the website of the Ministry of Labor and Employment – MTE, each of which with its theme and pre-established provisions, the failure to apply them correctly may cause problems for both the employee and the employer, who will be held responsible for any standard not properly met. Thus, it is advisable that companies, for the effective application of Regulatory Standards, be connected to a firm specialized in Labor Law so that they can have the necessary support when interpreting safety rules in general, having the support of when it is necessary to apply or not that certain standard, even to avoid the application by analogy, for example. In litigation, there are rules whose imposition is required by similarity, such as NR 17, item 5.3.1, which are aimed exclusively at telephony professionals, but which are repeatedly requested by different categories, such as collection branch, which have different peculiarities and, therefore, even if applied by analogy, can be dismissed by the Court, being, in fact, recommended to be followed up by a labor lawyer. Many of the regulatory standards are already well known by companies, such as NR 05 that provides for “CIPA”, and NR 16 that provides for “dangerous activities”. However, even so, the importance of legal labor advice is always necessary, since it contributes greatly in the correct observance of the labor legislation and with the considerable reduction of a labor liability for the company.
In accordance with the specificity of the reality that involves sportspeople and their relationship with employers, we offer legal advice, at both the consultative and litigation levels, in order to ensure that the set of rules that guide such relationship, attentive to issues related to sports activities provided for in the legislation and also on sports workers’ labor rights issues. We operate at the administrative level (Sports Justice), before the Arbitration Court for Sports, and the Judiciary.