Mass layoffs

the need for union negotiation in the face of law 13.467/17

Abstract

Collective bargaining is an important institute of labor law through its instruments, agreements and collective conventions, with the purpose of resolving any conflicts between employers and employees. And in this true battle for the improvement of labor rights, many are the mishaps faced by the working class, as companies increasingly aim at profits and leave aside labor guarantees. In this sense, this work aims to verify the need for union negotiation in view of the law that introduced the labor reform (Law n° 13.467/17) in cases of mass dismissal. The article is divided into four chapters, initially the labor reform and its main changes will be introduced, with the aim of explaining, in a tight summary, what were its main changes in view of the previous legislation. Next, mass dismissal will be analyzed from a constitutional perspective, analyzing how the fundamental precepts listed in the Federal Constitution act in the face of the (un)necessity of negotiation in collective dismissal. We sought to demonstrate the position of the Superior Courts before the insertion of article 477-A in the CLT and to analyze, based on the analysis of the theme of general repercussion 638, the position of the Federal Supreme Court, as well as the recommendations of the Public Ministry of Labor. The methodology used to analyze the proposed theme was the jurisprudential research of the superior courts.