Synergy 2020, an online event organized by Thomson Reuters on September 23-24, raised a crucial question: what difficulties does post-pandemic Labor Law face?
During the discussion led by Andréia Nunes, the focus was on the topic of remote work and ensuring its security. Find out what was talked about in the session in this post!
Effects of working from home during the pandemic
The Labor Law sector was significantly affected by the spread of the new coronavirus, leading to the urgent implementation of emergency measures due to the sudden impact of the pandemic on labor relations.
Companies had to adapt to the shift from remote working to working from home when the regime changed, which was a trend that became a reality due to the quarantine.
The pandemic accelerated the rise of telecommuting, which was already growing due to advancements in technology.
How can a proper work environment be guaranteed, as discussed by mediator Andréia Nunes and Dr. Raphael Miziara regarding journey control and safety concerns at work?
The attorney finds it challenging. The CLT simply outlines the idea of telecommuting, along with certain guidelines for its establishment, and emphasizes its importance, particularly in terms of safeguarding health, safety, and workplace environment.
Regulation of telecommuting for individuals with disabilities
The COVID-19 pandemic has highlighted the deficiencies in Brazilian labor law regarding the regulation of telework. Dr. Miziara noted that this issue has been under discussion for a while, with existing legislation being insufficient and inadequate.
The lawyer states that the pandemic has highlighted a significant lack of legislative support for many practical everyday situations, creating a legislative void.
The CLT does not specify how supervision should be conducted in telework to respect the privacy of employees and the responsibility of companies to monitor and safeguard the work environment.
Labor Judge Thereza Nahas stated that Dr. Miziara raised a significant issue by pointing out that the complexity of labor laws in Brazil was already high pre-pandemic, and the current state of calamity has further exacerbated the situation with the introduction of provisional measures 927 and 936, leading to a rise in judicial cases.
Talking about legal certainty in the current uncertain situation is almost contradictory. The judge explains that the 2017 CLT regulation stating that workers are not entitled to overtime has created more questions than answers.
Labor agreements hold the answer.
Dr. Raphael Miziara suggests that companies and socio-economic actors should regulate through collective bargaining to address labor issues, rather than relying on state intervention.
The lawyer explains that having a collective norm in place provides legal certainty and is the most effective approach. Companies and trade unions often struggle to understand legal issues despite complaining about legal insecurity.
Legal certainty can be achieved through the efforts of social actors instead of relying solely on the state, by utilizing collective bargaining as an effective tool.
Dr. Miziara mentions that he frequently hears complaints about state intervention, as actors struggle to find common ground and conflicts often lead to necessary but disregarded state interventions.
Judge Thereza Nahas believes that it is unnecessary to involve the state in resolving conflicts due to the substantial rise in labor disputes. She noted a 630% surge in labor cases during the initial 3 months of the pandemic when virtual hearings were not conducted.
The situation is unbelievable. How can we address the issue of legal uncertainty in this setting? The judge suggested a growing need for alternative dispute resolution methods like mediation and arbitration outside of the court system.
Did you enjoy the topic? Then keep reading the blog to explore other topics discussed at Synergy 2020!
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