Notícias Gerais

Justiça do Trabalho manda Copel acabar com terceirização na área de energia

Sob pena de multa diária de R$ 50 mil, TRT obriga a Copel a rescindir, em 180 dias, os contratos com empresas terceirizadas que realizavam atividades fins da companhia. Empregados de terceiros correspondem a cerca de 40% do total do quadro da empresa.
A Justiça do Trabalho determinou que a Copel ponha fim à terceirização de atividades fins, que abrangem a geração, distribuição e manutenção da rede elétrica, e que hoje atinge 70% dos serviços prestados pela empresa, segundo investigação do Ministério Público.
Por decisão unânime, os desembargadores da 7ª turma do Tribunal Regional do Trabalho (TRT) da 9.ª Região definiram que a Companhia Paranaense de Energia deve rescindir os contratos com as empresas terceirizadas, além de pagar danos morais coletivos no valor de R$ 150 mil, a serem revertidos para o Fundo de Amparo ao Trabalhador (FAT).
A estatal paranaense tem 180 dias para encerrar os contratos vigentes com terceiros, sob pena de multa diária de R$ 50 mil. A decisão judicial foi proferida, no último dia 29 de abril, pelo relator do processo, Desembargador do Trabalho, Ubirajara Carlos Mendes. Acesse a íntegra da decisão pelo link: http://www.senge-pr.org.br/wp-content/uploads/2014/05/acordao-28156-2012-12.pdf
A decisão do TRT foi em resposta à ação civil pública movida pelo Ministério Público do Trabalho, motivada por denúncia do Sindicato dos Engenheiros no Estado do Paraná (Senge-PR) e outras seis entidades sindicais que representam os trabalhadores da empresa.
“A crescente terceirização na Copel tem se refletido na precarização do serviço prestado pela empresa e no crescente número de mortes de trabalhadores terceirizados na execução de serviços em redes de energia”, alerta o presidente do Senge-PR, Ulisses Kaniak.
No Paraná, de acordo com o Dieese, foram registradas, 22 mortes decorrentes de acidente de trabalho envolvendo a rede elétrica na Copel – dados relativos à Copel Distribuição e Copel Geração e Transmissão entre 2009 e 2012. Do total de mortos, 16 eram empregados terceirizados da empresa.
De acordo com a decisão do TRT, a Copel não poderá mais terceirizar atividades relacionadas a serviços de redes de transmissão, distribuição aérea e subterrânea, inclusive manutenção; execução de atividades de operação, manutenção (preventiva, corretiva ou emergencial), e inspeção de equipamentos, linhas e redes elétricas – usinas, subestações e unidades consumidoras, de rotina ou de emergência; construção de linhas; recuperação do sistema elétrico, serviços de instalação e substituição de ramal de serviço aéreo e ligação de consumidor; suspensão e religação de unidades consumidoras; Serviços de leitura e Processamento de dados e demais atividades inerentes ao faturamento de contas.
A denúncia feita pelo Senge-PR – juntamente com o Sindicato dos Eletricitários de Cascavel (Siemcel); Sindicato dos Eletricitários de Londrina e Região (Sindel); Sindicato dos Eletricitários de Foz do Iguaçu (Sinefi); Sindicato dos Eletricitários de Ponta Grossa (Sinel); Sindicato dos Eletricitários de Maringá e Região (Steem) e Sindicato dos Eletricitários de Cornélio Procópio (Stiecp) – tem por base o fato de que a empresa, paulatinamente nos últimos anos, vem aumentando o uso de mão de obra terceirizada para realização de atividades fins.

“Ao se preocupar mais com os lucros de seus acionistas, em detrimento à qualidade de serviço e segurança de seus trabalhadores, a Copel perdeu o posto de referência no setor elétrico brasileiro”, afirma o presidente do Senge-PR, Ulisses Kaniak.
Para o presidente do Senge-PR, a qualidade do serviço prestado pela empresa tem decaído, devido, principalmente, pela transferência de responsabilidade das atividades fins às empresas externas.
Investigação – De acordo com o MPT, após investigação realizada na empresa, a terceirização de atividades fins da Copel chega a atingir cerca de 70% dos serviços prestados pela companhia paranaense. Segundo dados do Departamento Intersindical de Estatística e Estudos Socioeconômicos (Dieese), a empresa, em 2004, contava com 2.922 empregados terceirizados. Ou seja, 22,93% do total de funcionários da empresa – 9.996. Em 2013, o número de terceirizados saltou para 5.622, 39,40% do total de empregados da empresa – 14.269.
Para Kaniak, as terceirizações são prejudiciais para todos os funcionários, sendo vantajosas apenas para a empresa, que lucra com a precarização das condições de trabalho. “A terceirização, principalmente no setor elétrico paranaense, tem se apresentado como uma ferramenta perversa das empresas na supressão dos direitos dos trabalhadores. Além disso, a falta de treinamento e capacitação específica, bem como de equipamentos de segurança, refletem um expressivo número de mortes decorrentes de acidentes de trabalho”.
Além dos baixos salários, comparativamente aos do quadro próprio da Copel, os trabalhadores terceirizados são prejudicados também pela falta de benefícios e seguranças legais conquistadas pelos trabalhadores da empresa em Acordos Coletivos de Trabalho.
A falta de isonomia proporcionada pela terceirização, tanto nas questões econômicas quanto nas relacionadas à capacitação profissional, acarretam a falta de motivação dos trabalhadores e vitima a sociedade, que, segundo Kaniak, sofrem com a má qualidade dos serviços prestados. “As condições precárias de trabalho e o despreparo de muitos trabalhadores terceirizados vitimam também a sociedade, sobretudo com a falta de qualidade nos serviços de abastecimentos e nas operações de religa de redes elétricas”.
O Senge-PR defende agora que a Copel realize concurso público para suprir as vagas necessárias para a retomada dos serviços. “Entendemos que para resolver a situação agora a Copel terá que suprir todas as áreas com concurso público, garantindo, não apenas treinamento adequado às funções e condições de seguranças para os trabalhadores, mas também a qualidade do serviço prestado à sociedade”, completa Kaniak.
Morrem mais terceirizados do setor elétrico que trabalhadores do setor de seguranç
Em meio às denúncias da precarização do trabalho no serviço público provocado pela terceirização no setor elétrico brasileiro, destaca-se o número de mortes de trabalhadores de empresas terceiras por acidentes no trabalho em comparação aos trabalhadores dos quadros próprios das empresas do setor.
Segundo dados do Dieese, em 2011, das 79 vítimas fatais no setor elétrico por acidente de trabalho, 61 eram trabalhadores terceirizados. Em 2012, foram registradas 58 mortes de terceirizados, de um total de 67 contabilizadas no setor elétrico brasileiro.

O número de mortes de terceirizados no setor elétrico é superior ao de alguns profissionais da área de segurança pública e privada, como policiais civis e vigilantes bancários.
Dados do Anuário Brasileiro de Segurança Pública de 2013, apontam que 28 policiais civis morreram em serviço no ano de 2011 e 15 em 2012.
Pesquisa Nacional de Mortes em Assaltos Envolvendo Bancos 2013, elaborada pelo Dieese e a Confederação Nacional dos Vigilantes (CNV) mostra que 49 vigilantes foram mortos durante assaltos a bancos no ano de 2011 e outros 57 em 2012.
No Paraná, de acordo com o Dieese, foram registradas, 22 mortes decorrentes de acidente de trabalho envolvendo a rede elétrica na Copel – dados relativos à Copel Distribuição e Copel Geração e Transmissão entre 2009 e 2012. Do total de mortos, 16 eram empregados terceirizados da empresa.
De acordo com o relatório do Ministério Público do Trabalho (MPT), que integrou o Inquérito Civil encaminhado ao Tribunal Regional do Trabalho (TRT), a precarização de trabalho e do expressivo número de mortes de terceirizados em comparação aos do quadro próprio da empresa, decorre da falta de integração entre a Copel e a empresa terceirizada “seja na efetiva fiscalização na utilização dos equipamentos de segurança ou mesmo pelo não fornecimento de equipamentos EPIs e EPCs (equipamentos de proteção individual e equipamentos de proteção coletiva – NR), ou ainda, com fornecimento de materiais de baixa qualidade que põem riscos esses trabalhadores, como por exemplo, a utilização, quando fornecidos ou quando utilizados, de detector de tensão ou aterramento temporário de tensão de má qualidade ou até inexistente”.
Os argumentos do MPT, segundo Kaniak, reforçam a defesa do Senge-PR de que a empresa realize concurso para, com treinamento especializado e equipamentos seguros, busque-se evitar as mortes por acidentes no trabalhos em redes elétricas. “O ideal, sob toda perspectiva de segurança do trabalho, é que não haja qualquer acidente e principalmente morte decorrente da atuação profissional com redes elétricas. No entanto, conforme aponta o MPT, e que também é entendimento do Senge-PR, o aumento do quadro próprio da Copel, com a eliminação da terceirização de atividades fins, com as devidas capacitações profissionais e fornecimentos de equipamentos de segurança com certeza vão ajudar a reduzir os números alarmantes de mortes no setor”, reforça Kaniak.
João Pedro de Amorim Junior – Coordenador de Comunicação do Senge-PR

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