The Parliamentary Front for Entrepreneurship in Brazil proposes a constitutional amendment to exclude labor court jurisdiction in disputes involving outsourcing in service contracts and partnerships, arguing that such cases should be handled in ordinary courts because they involve commercial relationships between legal entities rather than employment relationships, which would reduce legal costs and increase legal certainty for businesses.
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Frente parlamentar quer exclusão da Justiça do TrabalhoAdded:
And Congressman Joaquim Passarinho, one of the members of the Parliamentary Front that discusses the 6-to-1 scale [music], argues that the measure could also represent a reduction in costs. I understand the reasons based on Daniel Lian's report.
The Parliamentary Front for Entrepreneurship wants to include in the proposed constitutional amendment, which discusses ending the 6-for-1 work schedule, the exclusion of labor court jurisdiction in disputes involving outsourcing in actions related to service contracts and partnerships. If the proposal is approved, the cases would be judged in the ordinary courts. The rationale is to adapt the Constitution to current times. The president of the Parliamentary Front for Entrepreneurship, Joaquim Passarinho, from the PL party in Pará, mentions that there is a relationship between legal entities.
You have a company that, let's say, provides security services. I hired a security company; it's personal, it's people, you know? And if, when there's a relationship between this company that I hired and its employee who works at the small business, you're brought along to the workplace, right? That's it, like I said, it's not my fault. I have a contract with another company, a legal entity, with a legal entity. I'm keeping up with my payments. If the person who received their payment on time, who is receiving it regularly, is not honoring their own payments, the fault does not lie with the second company that is honoring its payments. So this can be resolved in the regular courts and not in labor courts. Lawyer Jaqueline Vales mentions the Supreme Federal Court's decision and says that, since it involves a commercial relationship, it needs to be arbitrated in the civil sphere.
Like any contractual relationship, when you hire a service provider, you won't argue in Labor Court whether they did a good job, or whether the worker will argue in their work records whether you paid them or not. What are you going to discuss?
In civil court. It's the same thing. I'm hiring a service provider, a third-party contractor. Why would I bring labor law into this relationship? It's not labor justice, it 's not an employment relationship, it's what? A service provision relationship. And that's how the Supreme Federal Court understood it.
He understood perfectly. She indicates that this also applies to outsourced workers who fulfill specific requirements.
When you hire a contractor and say, "Look, how are you going to do this renovation in my house, this relationship? Look, I'll be here Monday to Friday, I'll work in the morning." There's a whole agreement stipulating how this service will be provided.
The deadline for submitting amendments is running in the special committee that approved the plan and the rapporteur's schedule. The committee will hear from the Minister of Labor, Luís Marinho.
Five hearings and three seminars are still planned. The final report will be presented for consideration on May 20th and voted on May 26th.
For Joaquim Passarinho, the impact of the matter is direct on cost.
Imagine, every month, every hour you have 20 [clearing throat] people hired, outsourced. If there's a legal problem with a company, you have 20 cases, you have several people entering the labor court, you have to have lawyers. So, when you remove that, you remove costs. He points out that the change would increase legal certainty, in addition to reducing The volume of labor lawsuits involving business contracts. That's it.
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