Notícias Gerais

Empresários se aproveitam da reforma Trabalhista para agir com má-fé

CUT orienta os trabalhadores e trabalhadoras a procurarem o sindicato de sua categoria para buscar informação, enquanto a Central continua na luta para extinguir essa nova legislação que apenas retira direitos

A reforma Trabalhista do golpista e ilegítimo Michel Temer (MDB-SP), que flexibilizou a legislação, retirou direitos dos trabalhadores e trabalhadoras e legalizou o bico, parece não ter sido suficiente para conter a ganância dos empresários. Tem muito patrão querendo se aproveitar do período de adaptação às novas regras da Lei 13.467/17, em vigor há quatro meses, para lucrar ainda mais.

A homologação, que não precisa mais ser feita obrigatoriamente nos sindicatos ou no Ministério do Trabalho, que conferiam e corrigiam as distorções e erros nos cálculos, está se tornando um grande problema para milhares de trabalhadores e trabalhadoras que não conhecem seus direitos e perdem verbas rescisórias.

Na semana passada, o Tribunal Superior do Trabalho (TST) condenou duas empresas a indenizar um trabalhador que foi dispensado durante período de experiência sem nenhuma verba rescisória. A decisão foi por unanimidade e mostra a importância da classe trabalhadora estar atenta aos direitos que ainda estão valendo.

Foi o que fez um pedreiro do interior de São Paulo, que ganhou a causa no TST. Ele foi demitido dois meses após a contratação e não recebeu as verbas rescisórias. A alegação da empresa era a de que ele estava no período de experiência. Acontece que não havia cláusula de prorrogação automática do período de experiência e a nova lei não mudou as regras de demissão nesse período. Ou seja, as empresas têm de pagar toda a rescisão ao trabalhador. Muitos não sabem disso e acabam perdendo direitos.

Ao perceber que estava sendo enganado, o pedreiro entrou com ação trabalhista pedindo verbas rescisórias e parcelas de direitos, como aviso prévio e vale-transporte, tanto à companhia na qual trabalhava como a que prestava serviços. E ganhou a ação.

O presidente da CUT, Vagner Freitas, lembra que a Central denunciou durante meses e meses que o objetivo da reforma era única e exclusivamente o aumento dos lucros dos empresários, mas os deputados conservadores ignoraram porque estavam preocupados com seus próprios interesses e traíram a classe trabalhadora.

E é para proteger os trabalhadores e trabalhadoras que a CUT orienta quem se sentir prejudicado – tanto na demissão como na homologação – a procurar o sindicato de sua categoria para buscar orientação, enquanto a Central luta para extinguir essa lei perversa, que só beneficia empresário.

“Nos sindicatos, é possível verificar possíveis erros e se proteger na hora de assinar a documentação. Assim, o trabalhador recebe seus direitos sem que isso se torne um passivo trabalhista”, explica a secretária de Relações do Trabalho da CUT, Graça Costa.

Homologações e o papel dos sindicatos


Antes de entrar em vigor a lei trabalhista do golpista Temer, a homologação era feita nas entidades sindicais ou no Ministério do Trabalho (MTE). Trabalhadores e trabalhadoras demitidos eram orientados por profissionais dos sindicatos ou do MTE, que faziam a conferência dos valores pagos pelos empregadores, evitavam incorreções e fraudes e orientavam os trabalhadores em caso de erro.

Com as novas regras, as homologações deixaram de ser obrigatórias nas entidades sindicais e agora podem ser realizadas nas empresas, sem a presença de um representante do sindicato. Dessa forma, os trabalhadores, sob pressão e sozinhos, sem apoio sindical, podem ficar na mão do patrão, que diz o que deve ou não ser assinado sem esclarecer os direitos.

O advogado José Eymard Loguercio, especialista em direito coletivo do trabalho, explica que o ideal é o trabalhador procurar o sindicato assim que for comunicado da dispensa do trabalho.

Segundo ele, boa parte das reclamações trabalhistas se dá por erro no pagamento das verbas rescisórias, que são calculadas equivocadamente por algumas empresas. Por isso, defende Eymard, é importante que, com a nova legislação, os trabalhadores procurem o sindicato antes e até mesmo depois da assinatura do termo de rescisão para garantir que nenhum erro foi cometido.

Foi o caso da bancária Bruna, que foi demitida do Itaú após 18 anos e, ao fazer a homologação no sindicato, foi informada que o banco estava se propondo a pagar a indenização somente sobre o valor do FGTS recolhido naquele mês – o equivalente a cerca de R$ 3 mil. Estava errado. O valor correto, calculado pelo sindicato com base no extrato do FGTS da bancária, somava um montante de mais de R$ 100 mil. Feitas as correções, o banco foi obrigado a creditar uma diferença de mais de R$ 35 mil em relação ao que o Itaú havia se proposto a pagar inicialmente.

O advogado Eymard atenta também para o fato de que, além do cálculo nas homologações, o sindicato tem o conhecimento de todos os direitos dos trabalhadores assegurados não somente pela lei, mas também pela convenção coletiva da categoria, o que pode evitar casos de demissão quando o trabalhador tem estabilidade e não sabe.

“Há casos ligados à saúde, por exemplo, que o trabalhador não sabe que tem estabilidade, mas o sindicato sabe. Nesse caso, é possível reverter a própria demissão”, alerta Eymard.

Por isso, a CUT orienta os trabalhadores e trabalhadoras a procurarem seus sindicatos antes de assinar a homologação para garantir que seus direitos não estão sendo desrespeitados pela ganância ou má-fé dos empresários.

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