Yesterday (10th) the Federal Supreme Court (STF) received an appeal from the AGU (Advocacy-General of the Union) with the aim of withdrawing the action of the unions from the individual negotiations, developed between the company and the worker, to withdraw the salary or even even suspend the contracts in the pandemic.
In this sense, the injunction of the STF minister, Ricardo Lewandowski, is seen by the government as legal insecurity, at the same time there are risks in employment relationships, which may lead to dismissals.
With the session scheduled for April 16, the issue will be examined by the Supreme Court shortly thereafter. Simultaneously, the magistrates will reach the conclusion whether or not they will maintain the injunction.
Pandemic and AGU appeals to the STF
The Emergency Employment and Income Maintenance Program, created with the aim of enabling companies to negotiate with workers. Objective to provide for a reduction in the working day and salary or suspension of contracts.
Therefore, compensation will be paid by the Union, which can reach up to 100% of the unemployment insurance referring to the worker's right, if the worker had been fired.
According to the Provisional Measure, the individual agreement can be made with remuneration of up to R$ 3,135 and with a salary greater than R$ 12,202.12. The agreement is not carried out by the union, but if there are abuses it can be activated within 10 days.
The body emphasizes that it is not feasible to proceed with the support of the union, it may delay the service of interest to the employee.
AGU's estimate of expected numbers to join the program is up to 24.5 million jobs. Although this volume can reach a mark higher than the capacity of the union entities in decision. Estimated volume at the average of annual trading in Brazil, around 45 thousand.
The Minister of the STF Lewandowski reported the authorization of the National Confederation of Industry (CNI) and also the union centrals. Soon to watch the action that discusses the government's measures to approve the reduction of salary and working hours in the pandemic by the AGU body.
