T he labor law is a branch of law that operates in the relationship between employers and employees. Its regulating and ensuring compliance with labor rights and the company.

The labor law arises in modernity that brought the industrial revolution, population growth and human rights as key features, and the need for a deeper look in labor relations, especially with the abuses of employers and the creation of CLT.

Although labor rights have contributed to a more structured formality between employees and institutions, still requires the presence of a law firm in many cases, especially in risk prevention.

History

Labor relations have a history marked by slavery, with much struggle in search of equality and good working conditions. The people who suffered most from slavery were Africans and Indians, who before the Caucasian exploration, firmed an ownership condition, as a well owners and landowners.

Over the years, many countries have abolished slavery, including Brazil (1888), however, even after the Universal Declaration of Human Rights that showed the world civilized behavior in some places in the world you can still find cases of slavery and exploitation , which is illegal.

The industrial revolution transformed the working conditions, changing the man, the machine and causing an increase in the number of unemployed. This situation eventually forcing people to work in poor conditions and for long period of time, thus, many strikes and protests began to happen.

These labor movements, which demanded better working conditions, there were the first laws:

  • Peel Act – appeared in England in 1802 in order to protect workers and apprentices in the mills. They should work up to 12 hours a day, always after 6 am and before 21 hours. Moreover, it was observed hygiene and their education;
  • Labor – In France, in 1813, there was a ban on child labor in the mines. Already in 1839, there was a ban on labor under 9 years and the working hours of children under 16 was reduced to 10 hours a day.
  • Rerum Novarum – The church also contributed to the defense of workers. Pope Leo XIII issued an encyclical on May 15, 1891, the Rerum Novarum, which means The Things New, citing on social security, minimum wage, working hours and other issues of social character. It represented a valuable tool for the state, the change of labor rules.

In Brazil

The Brazil abolished slavery in 1888 with the decree of Princess Isabel, and after a long period of coffee policy with milk, was with Getulio Vargas came the first labor laws, the constitution of 1934, and the creation of the Ministry of Labor, Industry and Trade and drafting of the Labor Code (1943).

CLT

The Consolidation of Labor Laws (CLT) emerged in 1943 and was signed by President Getulio Vargas. She is responsible for regulating the laws pertaining to labor law and procedural work in the country. So workers are employed in enterprises under the CLT regime. In addition to this option, there is the legal entity where the employee has no link with the company, performing an independent work.

Labor Reform (2017)

The reform of labor rights in November 2017, changed some points, now open room for negotiation between employee and employer. Are they:

  • Work hours: Labor rights in the new reform allows individual agreements without the need for participation of the union, with the possibility of overtime and part journey of up to 30 hours per week.
  • Holiday: You can split the holidays into three periods, and one of the periods must be over 14 days.
  • Intermittent work: work can be paid for time worked, companies can not do continuous contracts and workers are paid hourly with value that can not be less than the minimum wage.
  • union dues: He became optional.
  • Home office: Workers will receive for tasks performed without journey control.
  • Self-employment: No link employment in hiring freelancers, so the professional has the right to refuse to perform any function that is not in the contract.
  • Lunch period: The lunch period is now trading if it is reduced, it must be discounted.
  • Lawsuits: The employee who is absent in a labor process hearing may be liable to pay fines and damages if the judge interpreter that he acted in bad faith. In addition, he will have to pay the fees of the opposing party and court costs, if you lose the audience and miss the action.

On the other hand, some points of labor rights remained unchanged. Are they:

The reform of labor rights in November 2017, changed some points, now open room for negotiation between employee and employer. Are they:

  • Minimum wage;
  • Family wage;
  • 13th salary;
  • Unemployment insurance;
  • Additional overtime;
  • Maternity and paternity;
  • Securities deposits and severance FGTS;
  • pension benefits;
  • Standards for safety and employee health;
  • Weekly paid rest
  • Number of days due to holidays.
  • Pregnant and lactating women in an unhealthy environment: In May 2019, the Supreme Court overturned the reform passage saying that pregnant and lactating women could work in an unhealthy environment provided they do not interfere with your health and the baby.
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