MP que altera pontos da reforma trabalhista deve ser editada em agosto

MP que altera pontos da reforma trabalhista deve ser editada em agosto

Por |

Vinícius Lisboa – Repórter da Agência Brasil

A medida provisória (MP) que vai alterar pontos da reforma trabalhista deve ser editada ainda em agosto, disse hoje (7) o senador Ricardo Ferraço (PSDB-ES), que foi um dos relatores da proposta. O parlamentar participa de um grupo com senadores, o relator da reforma na Câmara e representantes do governo federal, que busca convergência em torno do conteúdo da MP, que irá alterar pontos específicos do texto aprovado pelo Congresso Nacional e já sancionado pelo presidente Michel Temer.

“Eu acho que é a tendência [ser editada em agosto]. Estamos trabalhando com esse objetivo. Agora, o que está nos movendo mais: é o tempo ou é fazer uma lei que não descaracterize os princípios que fazem parte do escopo ou do objetivo original? Se tiver que gastar 10 dias a mais ou 15 dias a mais, a nossa tese é que a pressa é inimiga da perfeição”, disse Ferraço após participar de uma debate sobre a reforma na sede da Associação Comercial do Rio de Janeiro.

A lei foi sancionda, sem vetos, no dia 13 de julho. Durante a tramitação no Senado, o governofez uma promessa aos parlamentares de que alteraria, posteriormente, os pontos mais polêmicos do texto aprovado pela Câmara. A intenção era acelerar a tramitação, uma vez que, caso os senadores fizessem mudanças ao texto da Câmara, o projeto teria que voltar a ser analisado pelos deputados para só depois ser sancionado.

A previsão de Ferraço é de que a MP leve até quatro meses para ser discutida no Congresso. Como entra em vigor na data de sua publicação, o texto já efetivará as alterações mesmo que o debate parlamentar não tenha se encerrado quando a reforma entrar em vigor, em novembro.

Além de Ferraço, discutem a MP membros do Ministério do Trabalho, o relator da reforma na Câmara dos Deputados, Rogério Marinho (PSDB-RN), e os senadores Romero Jucá (PMDB-RR), Tasso Jereissati (PSDB-CE), Armando Monteiro (PTB-PE) e Marta Suplicy (PMDB-SP).

O senador disse que não há hipótese de a MP descaracterizar a lei e afirmou acreditar que já foi superada a posição do presidente da Câmara, Rodrigo Maia (DEM-RJ), que inicialmente se opôs a mudanças na legislação. “Em um primeiro momento houve esse desabafo, mas depois a realidade se impôs”, disse Ferraço sobre a declaração de Maia.

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Ferraço disse que, entre os pontos em que ainda não há consenso sobre o texto, está a liberação para que gestantes e lactantes trabalharem em local insalubre. Além disso, o grupo também discute questões operacionais sobre a jornada intermitente, como a penalidade para patrões e empregados que descumprirem o que foi acordado. Nesse tipo de trabalho, são alternados períodos de prestação de serviços e de inatividade, independentemente do tipo de atividade do empregado.

O senador afirmou que já há pontos definidos quanto à jornada intermitente, como a definição de que o salário por hora de quem trabalhar nesse regime terá que ser igual a quem trabalhar com uma jornada semanal mais extensa.

Quanto às gestantes e lactantes, Ferraço afirmou que a questão é “sensível”, e ponderou que a proibição pode levar a restrições para a empregabilidade das mulheres em áreas como a da saúde. “A insalubridade se apresenta em níveis diferenciados. Em um hospital, a insalubridade da sala de imagem não é a mesma da recepção”, disse ele.

O senador afirmou que um dos pontos que já é consenso no grupo é a inclusão da discriminação por orientação sexual entre as possibilidades de dano extrapatrimonial em que o trabalhador pode ser indenizado. “Estamos ampliando esses princípios, que são valores de uma sociedade com diversidade”, disse ele.

A MP deve alterar também o cálculo do pagamento máximo de indenização por dano extrapatrimonial, que passará a levar em conta o benefício máximo do INSS, em vez do salário do empregado. “Há um debate de que isso [vincular ao salário] nivela por baixo o valor da vida. E está sendo alterado para esse princípio, relacionado aos benefícios do regime geral porque vale para todos”.

O dano leve poderá custar uma indenização de até três vezes o benefício máximo. Esse valor sobe para cinco vezes no dano médio, para 20 vezes no dano grave e para 50 vezes, no gravíssimo. Em caso de reincidência, a Justiça pode ainda dobrar a indenização.

Edição: Amanda Cieglinski

Fonte: Agência Brasil
Data: 07 de agosto de 2017
Acesso: 11 de agosto de 2017

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