Por que existem tantas ações trabalhistas contra as empresas?

Por que existem tantas ações trabalhistas contra as empresas?

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Por Guilherme Eduardo Fanderuff

Mais de 2 milhões de novos processos trabalhistas por ano[1]. Essa é a marca que consagra o Brasil como número 1 em ações trabalhistas em tramitação no mundo.

Grande parte destes processos surge devido aos erros cometidos pelas empresas por desconhecimento ou inobservância da legislação vigente.

Analisando os processos em trâmite pelas comarcas, fiz uma lista dos direitos mais pleiteados:

  • • Ausência de pagamento de horas-extras (o funcionário sempre vai tentar guardar todo o tipo de prova para comprovar);
  • • Integração de salários pagos extra oficialmente (famoso pagamento por fora);
  • • Limitação ou ausência de intervalo para descanso (mesmo quando o próprio funcionário desrespeita o horário);
  • • Desvio ou acúmulo de função;
  • • Acidente de trabalho (não utilização de EPI’s e ausência de fiscalização correta);
  • • Desrespeito à estabilidade (gravidez, auxílio doença, etc.)
  • • Não pagamento de adicional de insalubridade ou periculosidade;
  • • Pagamento incorreto das verbas rescisórias.

As empresas cometem estes erros, muitas por desconhecimento da legislação, outras tantas por tentar buscar a redução de custos, outras por mera desatenção. Entretanto, seus gestores não se dão conta de que a consequência certamente será muito mais onerosa aos cofres e imagem da empresa do que se tivessem observado a legislação.

Vamos para um exemplo prático: um funcionário que trabalha há 1 ano na empresa, faz cerca de 1 hora extra por dia sem anotar no cartão ponto, eventualmente suprime seu intervalo para almoço, as vezes por vontade própria, as vezes a mando do empregador, recebe um valor “por fora” para compensar as horas extras efetuadas.

Em um primeiro momento, olhando com os olhos do empregador, você verifica que a empresa conseguiu economizar e lucrar, já que não deixou o funcionário sem receber, mas fazendo o pagamento por fora escapou de pagar mais impostos, isso sem contar a maior produção do empregado ao suprimir o horário de almoço.

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Ocorre que este funcionário foi demitido e ingressou com uma ação trabalhista reclamando seus direitos (horas-extras, supressão do intervalo para descanso, integração de pagamentos no salário, reflexos no FGTS, 13º, férias e danos morais). Somando todos os pedidos, o funcionário está pleiteando cerca de R$20.000,00 (vinte mil reais).

Claramente a empresa não possui uma assessoria jurídica, então teve que contratar um advogado, que cobra 20% do valor da ação para defender. A empresa já gastou R$4.000,00 (quatro mil reais). Digamos que a empresa não consiga um acordo e seja sentenciada a pagar o valor e mais os honorários do advogado da outra parte. Por mais que seja concedido um parcelamento de 5 ou 6 vezes, a empresa teve que desembolsar praticamente R$30.000,00 (trinta mil reais), sem contar o tempo despendido em audiências e a imagem danificada.

Este exemplo, apesar de um pouco drástico, diz respeito a apenas um funcionário, agora imaginem vários, ano após ano buscando esses direitos na justiça, ou então um exemplo mais preocupante, acidente de trabalho, são situações capazes de comprometer significativamente o sucesso da empresa, não é mesmo?

Problemas assim podem ser facilmente evitados através de uma assessoria jurídica experiente, que auxilia desde a contratação dos funcionários, os fiscalizando durante o curso de trabalho até os procedimentos pós-demissão.

Indiscutivelmente a observação da legislação e correta execução dos procedimentos evita que a empresa corra riscos futuros que serão muito mais onerosos e prejudiciais à sua imagem, cofre e sucesso. Uma boa dica é a contratação de uma assessoria jurídica especializada, que atue juntamente à empresa, de modo a retirar preocupações desnecessárias dos administradores. O valor investido neste setor será muito bem recompensado e poderá garantir uma grande diminuição no índice do início da matéria.

Fonte: Jusbrasil/artigo
Data: 23 de junho de 2016
Acesso: 24 junho 2016


[1] http://www.cnj.jus.br/programaseacoes/pj-justiça-em-numeros

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