Professional Documents
Culture Documents
CTPS - 48 hours for signature of the worker, under the responsibility of the emp
loyer. INSS Holidays 20 working days; Salary (at least the minimum of pecunia =
30% and 70% fresh).
Article 7, III CRFB/88. Guarantee fund is compulsory for urban and rural areas.
The Article 20 of Law 8036/90 - specifies the chances of lifting the FGTS. Gain
two more rights in 2001: FGTS optional - Law 8036/90 and Article 3-The Unemploym
ent Insurance Act 5859/72 - Art. 6 - A, § 1 of law 5859/72. Unemployment insuran
ce - have to be collected as FGTS home for at least 15 months in the last 24 mon
ths. Just Cause - are used the requirements of Art. CLT 482, with the exception
of paragraphs c, g and the single §. Just Cause Employer - it uses the Civil Cod
e, since it applies to art. CLT 483 - contracts - except for the pact is not ful
filled. The Employment Contract art. CLT 442 - is bilateral (employee (individua
l or natural) => employer (individual or collective enterprise)). Exception: Out
sourcing (intermediation of labor). The employment relationship exists between t
he employee and the company that hires him, not between the employee and the com
pany where he serves. Among the companies there is contact of a civil nature. Pr
ecedent 331 TST. Chance to see Law 6019/74 Outsourcing Two species of the employ
ment contract: Article 443 CLT Undetermined - no date Determined to leave -
is the contract term, with a date certain to end, which can be date or event. De
termined the term itself - art. CLT 445 - maximum of two years (may be extended
for a time within the maximum). For example: 1 year + 1 year 1 year and 6 months
+ 6 months + 6 months 6meses Having extension for more than once seen the contr
act indefinitely. Length of Experience - art. § 445 single CLT For example: 45 d
ays + 45 days + 30 days 60 days 30 days 30 days + Having extension contract beco
mes indefinite.The contract period of 90 days, extendable. Right answer in the
proof of OAB that differed was the comma. The contract Term: art. CLT 479 Employ
ers who break the contract must either compensate the missing half of the period
. Article 480 CLT - the employee who breaks the contract term has to indemnify t
he employer for damages. § 1 - is at most half of the period lacked.
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Clause Assecuratória the reciprocal right of early termination. It is a clause t
hat ensures employee / employer to terminate the contract before it expires. If
there is a clause, it gives notice, since no one pays half of what it should not
indemnify the loss. Hours of Work Article 7, XIII CRFB/88 8 hours daily and 44
weekly hours => Full-day • Ability to hire part-time - work is no more than 25 h
ours per week (art. 58) • • • Rule prohibitive - can not work overtime (art. 59,
§ 4) Who is the full time you can spend for the part, provided with consent of
the employer and it is provided in AC or DC. Proportional gains for the official
s and working full day. Vacations - the period in accordance with the shift work
ed. (Art. 130) Days of Holiday Item Weekly Hours of Art 130A 18 22 to 25 I 16 II
14 20 through 22 15 through 20 II 12 15 IV 10 to May 10 to 10 V 8 = or <5 VI La
ck unjustified over seven times (without being followed) the vesting period, is
reduced by half to vacation. Section 130 § A single CLT = Disciplinary Suspensio
n unjustified absence (whenever that day is discounted).
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Law Collective
Organization of Association: Article 8 CRFB/88, Art 534, 535 and 252 CLT The uni
ons are not listed in the Scope of Employment Law as being qualifier for defendi
ng the interests of workers. Can be recognized in civil law. Principles: a) the
Trade Union Unity - can not create more than one union for the same category in
the same territory - Municipality. b) The Freedom of Association - no more inter
vention from the Government in the organization or operation of the union. Your
participation is limited to the record to ensure the above principle. Nobody is
forced to join the union. Note: The trade union leaders when representatives of
the employees are enjoying stability. In securing employment the employee may be
excused for cause. Stability, not only advances the employer determine the caus
e, it is necessary to work in the Labor Court called the Judicial Inquiry (propo
sed action by the employer to establish just cause for permanent employee), it i
s necessary to: - Stable Decennial - art. CLT 492 - (there is in practice after
10 years, could only be fired for cause)
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Trade Union Leader - art. 8, and Article VIII CRFB/88. 543, § 3 º CLT - (which i
s stable since the registration of the application until one year after the mand
ate), Member of the National Social Security - art. 3 of Law 8212/91;
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Elected director of the Cooperative - Law 5764/71 art 55 equals art. 543, § 3 º
CLT
The State Council of Guardianship Fund (?) - Requires union survey. Stability is
very personal (pregnant woman, injured), but it is very personal representative
of the employer. And alternates representing the employees have stability. When
the stable is dismissed without observance of Just Cause, it Reintegration; com
pensation is 2nd option - when the judge decides. The compensation are wages to
which entitled in the period he was sent away. The union leader has been stable
since the registration of the application. The union must provide 24 hours of en
rollment. It is stable up to 1 year after the mandate (art. 534, § 5 CLT). Do no
t get stability in the Warning or the Contract Term. When the Union notifies the
Employer on the Registration Application, puts the date and time. There are thr
ee ways of setting up Collective Rights: 1) Collective Agreement (agreeing parti
es) - Union of Employees X one or more companies. 2) Collective Agreement (parts
Convenient) - Union of Employees Union of Employees X Definition of Agreement a
nd Convention Article 611 CLT - There is no vested right against the collective
rule. - If no extrajudicial action is necessary to collective bargaining, collec
tive bargaining proposal Courts - Union of Employers' Unions Employee X's court.
Their standards are valid up to four years. Revisional action - it is when the
standards are not agree more - art. 114, § 2 CRFB/88. You only need to disagreem
ents economic. There are disagreements in legal (law enforcement). Generates an
economic law.The legislative powers of the Labor Court in this collective barga
ining economic. Review - Art 873 CLT - Action Review after a year of bargaining.
Amendment 45 - to enter the bargaining agreement must have art. 114, § 2 CRFB/8
8. Only required in the bargaining power of economic, there is this other bargai
ning that is a legal (only serves to enforce the law). Where is the Regulatory A
ct of the Judiciary? It is the divergence of economic nature. What's In Common A
C, DC, DC? Resp.: The union of employees. The STRIKE CRFB/88 Article 9, authoriz
ing a strike. We need a law to regulate - Law 7783/89
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The employer must be notified normally within 48 hours if the service is essenti
al - 72 hours. Arts. 3 and 13 Law 7783/89 - The department must ensure the minim
um essential for the population. - The contract is suspended in the strike are n
ot perceived in the strike. - If it is judged and the judge have to pay wages wa
s not suspended the contract has been interrupted - There can be no waiver or hi
ring - Arts. 7 of Law 7783/89 - In the case of essential services, there may be
hiring. Ending the strike, the replacement shall be dismissed and the employee r
eturns. - LOCK OUT - is stopping the employer shall prevent the negotiation of c
laims of employees. Arts. 17 Law 7783/89. - Military has expressly prohibit the
strike. - Each class of TRT is composed of five judges, a minimum quorum of thre
e judges - each class of the TST is composed of five judges, a minimum quorum of
three justices - The Supreme Court has jurisdiction over the resources of the J
ustice of the work, but not Organ same. - Before the EC 24/99 there were joints
of conciliation and trial, which consisted pro robin one judge and two judges cl
assicist (who were idiots.) - Where there is no stick work, the judge shall be t
he judge of the civil court, however, the appeal will be judged by TRT - art. 11
2 CRFB/88. Shares of original jurisdiction of the Stick - Labor Complaint - Judi
cial Inquiry - Notification Judicial - Judicial Protest - Action Title Extrajudi
cial Execution - Regional Labor Courts - Every location has a TRT linked to it.
Eg Acre joined with Rondônia, to the creation of 14 TRT, Sao Paulo has two TRTs
- art. CLT 674 - there are 24 TRTs. - They are formed by the Judges of the work
(when promoted by seniority or merit or appointed). - RI, on an amendment to the
regulations, c] stated that the judges of 2nd degree of the TRT are judges.
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The TRT is composed of at least seven judges - art. 115 CRFB/88.
In TRT, the qualified judges and judges of the fifth constitutional, occupied th
e posts of classist.
Superior Labor Court - There is only one based in Brasilia - Composed by Ministe
rs, who occupy the seats for promotion or the 5th Constitutional (MP or represen
tatives of the Bar). There are 27 ministers in TST - art. 111 CRFB/88. - In the
TST, there are 5 classes, each class with five ministers and for it to work is t
he minimum quorum of three ministers. - It has jurisdiction over resources, whic
h tried so reiterated become overviews - trial repeated appeals. It is the settl
ed understanding. Not every scoresheet has binding effect. - Actions of original
jurisdiction of the TST: Writ of Mandamus (when the authority is constraining
party TRT) Action Rescissory (tried to change regional). - Sections: Indivi
dual Disputes; Collective Disputes - The OJ trial is made of repeated actions.
Regional Labor Court of the 1st Region - A total of 54 judges, who can work in
Full, SEDI and the Gang.
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The chair is made by the President and Vice President, Internal Affairs has the
Magistrate and Vice Magistrate. Powers of the President - Art 21:25 RI; Vice Pre
sident - art. 30 RI of the Full Board - all the judges part. Allocation has to a
pprove and modify the RI. Elects and invests the President and Vice-President an
d Corregidor and his Vice, and approves RI - art. 14 RI Special Body - art. 7 RI
- President and Vice President of the Court, Magistrate and Deputy Magistrate a
nd the oldest 11 judges that make up the Special Body. Its function is to choose
the dress of judges, gives ownership to new judges, sets criteria for promotion
. Classes - have to judge the allocation resources. There are 9 classes - art. 1
1 RI. The TRT Rio does not create Precedents in Sao Paulo creates. Sections: Jud
ge the actions: SEDI - Specialized Section on individual bargaining • Actions
originate SEDI Writ of Mandamus; Action Rescissory - art. 485 CPC Preven
tive Measures Habeas Corpus • Composition of SEDI - art.9 RI has 18 judges
Sedici - Specialized Section on collective bargaining
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Composition of the Sedici - has 14 judges (President, Vice President more than 1
2 judges) - art. 8 RI
Prior Conciliation Commission - Article 625 A to 625 H CLT Trade Union or Trad
e Union Center (single group that make the defense of the category) Company or
Group Company tries to make the agreement before the Judiciary Committee ha
s to be equal (the representative employees and employers).
deadline 10 days to reconcile ..
Outside the scope of Justice. It is necessary to pass through it (the Commission
) before entering JT. If the term of agreement is not fulfilled, it is Action Ex
trajudicial Execution of Enforcement. If no agreement is issued a Statement of a
ttempt at conciliation. If the agreement is not made in full, the term of agreem
ent is issued with caveats. Because of the Prescription of two years (Biennial o
r extinct) the term of the process is suspended (limitation period) when the CCP
. MS - judged by the section's sentence fits the MS error in judicando Ordinary
Appeal Writ of Mandamus = Error in Judgement - when authority co-actor injures r
ight amount and certainly not supported by the Habeas Corpus Habeas Data, when a
ction does not fit. Error In Proceeding Complaint Correicional = (RC). Error in
procedure - the judge reverses the proper order of procedure. The RC is an actio
n, measure, co period of five days, tried by the Magistrate. The sentence fits A
reg. Areg = Regimental Appeal - is the appeal of the sentence correicional - Art
236 - IR A decision rejecting injunctive relief (in MS, Injunctive Relief) fits
Areg. Trial Judgement = Action = Trial Judgement Appeal
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The appeal shall review the matter, which has two judgments of admissibility:
national court - one that gave the decision; judges whom - one that will exami
ne observe the requirements of Appeal - Legitimacy and Interest = binomial - Tim
eliness, ie , every action has run. If you appeal and grievance has a term of ei
ght days. - Preparation Costs = / appeal bond (made by reclaimed). Are supported
by claimed, moreover, the appeal bond (bond) - is a real guarantee for the succ
essful party. Who ever makes the appeal bond is claimed is observed at the ceili
ng for deposit. If the value is below the roof is collected in full, if higher,
collect the ceiling. The amount is deposited can not be moved in order to be col
lected in the FGTS account and is released by a charter by the judge. In the cas
e of interest to the complainant and claimed to have recourse to Claimed bears t
he costs and deposits. - Regular Action - Stick to the TRT. Review both matters
of fact as of law. Within 8 days. Procedure accelerated,: action up to 40 minimu
m wages. The ordinary appeal in this procedure is distributed directly to the Ra
pporteur dispensing Reviewer. The Rapporteur can only stay with the process by 1
0 days and include on the agenda for trial. The MPT is manifested in the trial,
verbally. At the trial of the action, it gives the ruling. In the procedure acce
lerated, just the reasoning and the device. If maintained the decision of the co
urt a quo is issued a certificate saying the decision was kept so plowing up the
ruling. Section 895 (RO), § 1 (accelerated, procedure) CLT
- Feature Review - TRT for TST - to take matters of law. Typical of the Labor Co
urt. Within 8 days. Three matters of law. Offense offense against the law CRFB/8
8 Divergence Jurisprudential has relevance to social, political, legal or econom
ic. Principle of Transcendence - give priority to these issues (relevance) - art
. 896 In CLT accelerated, just enter the offense CRFB/88 and divergence with the
TST summary - there is constraint of matter. = EQUIVALENT SUBSTITUTES
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