Reforma trabalhista vai abrir canal de diálogo entre as partes

Reforma trabalhista vai abrir canal de diálogo entre as partes

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Proposta regulamenta artigo da Constituição Federal que prevê formação de comissão de representantes de empregados

O texto da reforma trabalhista em tramitação na Comissão de Assuntos Econômicos (CAE) do Senado estabelece a possibilidade de formação de comissão de empregados nas empresas com mais de 200 funcionários.

O número de representantes varia de acordo com a quantidade de empregados, podendo chegar a sete membros no caso das companhias com mais de cinco mil colaboradores.

Nos casos das empresas que possuam empregados em vários Estados e no Distrito Federal, o texto assegura a eleição de uma comissão de representantes dos empregados por Estado ou no Distrito Federal.

De acordo com Fábio Chong, sócio da área trabalhista do L.O. Baptista Advogados, embora muitos desconheçam, a comissão de empregados não é propriamente uma novidade no Brasil. A Constituição, em seu artigo 11, já prevê a sua formação dentro das empresas.

“A reforma apenas regulamentou algo que já existe desde 1988 e que muitos esperavam”, ressalta.

Embora o texto estabeleça um mínimo de 200 colaboradores para a criação da comissão, o advogado explica que nada impede que empresas com número inferior de colaboradores possam fomentar a criação desse novo canal de diálogo entre as partes.

Na opinião do advogado, a proposta de reforma trabalhista deve melhorar as relações trabalhistas. Nesse sentido, a comissão terá um papel importante na negociação de questões ligadas ao dia a dia das organizações, que não precisam necessariamente da interferência dos sindicatos.

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Ao contrário, a resolução de eventuais conflitos tende a ser mais rápida e com resultados efetivos quando a negociação é direta.

Um dos artigos do texto elenca as atribuições da comissão: representar os empregados perante a administração da empresa; aprimorar o relacionamento entre as partes; promover o diálogo e o entendimento no ambiente no trabalho com o objetivo de prevenir conflitos; assegurar tratamento justo e imparcial aos empregados, impedindo discriminações por motivo de sexo, idade, religião, opinião política ou atuação sindical, entre outras finalidades.

Poderão se candidatar todos os empregados, exceto aqueles com contrato de trabalho por prazo determinado, com contrato suspenso ou que estejam em período de aviso prévio.

A escolha será por votação secreta e o mandato dos membros da comissão de representantes será de um ano. E do registro da candidatura até um ano após o fim do mandato, o membro da comissão não poderá sofrer “despedida arbitrária”.

Andamento da Reforma 

O projeto de reforma trabalhista (PLC 38/2017) será o primeiro na lista das 11 votações agendadas pela CAE na terça-feira, 30/05.

O texto tem 74 páginas e recebeu parecer favorável do relator, senador Ricardo Ferraço. O parlamentar rejeitou as 193 emendas apresentadas no Senado, sugeriu vetos ou a reformulação de pontos por meio de medida provisória, as duas opções para evitar que o texto seja modificado na casa legislativa e, com isso, volte para a Câmara.

As sugestões de veto tratam do ambiente de trabalho para gestantes e lactantes, acordo individual para jornada 12 por 36, trabalho intermitente, representantes de empregados e negociação do intervalo intrajornada.

  1. Fonte: Diário do Comércio
    Data: 29 de maio de 2017
    Acesso: 02 de junho de 2017

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