The STF (Supreme Federal Court) received yesterday (10) an appeal from the AGU (Attorney 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 by the STF minister, Ricardo Lewandowski, is seen by the government as legal uncertainty, at the same time there are risks in employment relations, which could lead to dismissals.
With the session scheduled for April 16, soon after the issue will be examined by the Supreme Court. At the same time, the magistrates will come to the conclusion whether or not they are going to maintain the injunction.
Pandemic and AGU appeals to the STF
The Emergency Program for Maintaining Employment and Income, created with the aim of getting companies to negotiate with workers. Objective that foresees the reduction in the workday and in the salary or else suspension of contracts.
Therefore, compensation will be paid by the Union, which may reach up to 100% of unemployment insurance related to the worker's right, if the worker had been dismissed.
According to the Provisional Measure, the individual agreement can be made with remuneration of up to R$ 3,135 and with salary greater than R$ 12,202.12. The agreement is not carried out by the union, but if there are abuses it can be triggered 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 the employee's interest.
The AGU's estimate of the number expected to join the program is up to 24.5 million jobs. Although this volume may reach a mark higher than the capacity of the union entities in decision making. Volume estimated 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 trade union centrals. Soon to watch the action that discusses the government's measures to approve the reduction of wages and working hours in the pandemic by the AGU body.
