UNION AGREEMENTS
LIMITS ON THE AGREED CONTENT AND THE DUTY OF LABOR INSPECTION
Keywords:
agreements signed by union entities. article 611-A of the CLT. article 611-B of the CLT. Brazilian labor inspection. principle of the negotiated sectorial adequation.Abstract
Considering the Labor Reform introduced by the Law nº. 13,467, of July 13, 2017, that inserted the article 611-A in the CLT, which expanded the topics submitted to collective negotiation by the union entities, it’s necessary to ponder about the limits of the collective private autonomy, if these are restricted to those established in the art. 611-B of the CLT or are beyond them. It is also necessary to observe the competence of the Brazilian Labor Inspection to check in a formal analysis the legality of the object dealt in union agreements, and the possibility or not of applying its rules to employment contracts. Therefore, the inductive method was used, based on the literature about the subject and on the analysis of specific cases. A comparison was made between the guiding principles of Labor Law with the updates introduced by the Reform, in order to conclude if it’s possible or not that the union agreements deal with certain matters and if the Labor Inspectors have the duty of in these cases to elaborate infraction notices when they conclude that a labor law has been violated.
