Dirigente Sindical

Summary

This video script discusses the concept of union representatives' job security, specifically the legal protections that ensure their stability during their tenure. It covers the reasons for this protection, which includes shielding representatives from retaliation due to their role in advocating for workers' rights. The script outlines constitutional provisions and CLT (Consolidated Labor Laws) regulations, emphasizing the importance of the 24-hour communication requirement and the conditions under which stability can be waived. Furthermore, it explores situations like employer-initiated dismissal for misconduct, including the legal process required to prove such claims and the implications of employer delays.

Takeaways

• 😀 Union leaders are granted job stability to protect workers' rights and ensure their role in representing their category without fear of retaliation.
• 😀 The stability of union leaders starts from the moment they register their candidacy and lasts until one year after their term ends.
• 😀 According to the Brazilian Constitution (Article 8), unionized employees cannot be dismissed from the registration of their candidacy to one year after the end of their mandate.
• 😀 Both union leaders and their alternates are protected by job stability, even if the alternate assumes leadership due to the absence of the main leader.
• 😀 Job stability for union leaders is not absolute and can be revoked if they commit a serious fault, but it requires a legal process known as an 'inquérito' (inquiry).
• 😀 The TST (Superior Labor Court) ruled that union leaders retain stability even if the employer is not notified within the 24-hour period as long as it happens during the contract period.
• 😀 A union leader who registers during their notice period after being dismissed will not be eligible for job stability.
• 😀 The number of union leaders eligible for stability is limited to the first seven members of the union's directorship, as per CLT regulations.
• 😀 The stability of union leaders can be lost if the employer ceases its operations, as their role in protecting the category's interests becomes unnecessary.
• 😀 If the dismissal of a union leader is contested, they may be reinstated, or alternatively, the employer may be required to provide financial compensation for the period of stability.

Q & A

Why do union leaders (dirigentes sindicais) have job stability under Brazilian labor law?

Union leaders are granted job stability to protect their role in representing the interests of workers, especially during negotiations with employers. This protection ensures they are not retaliated against for their advocacy, which often goes against the employer's interests.

What does the Brazilian Constitution say about union leader stability?

The Brazilian Constitution, in Article 8, guarantees the stability of union leaders by prohibiting the dismissal of union members from the moment they register as candidates for union leadership until one year after their mandate ends. This stability is meant to protect union leaders from employer retaliation.

What is the duration of the stability for a union leader?

The stability of a union leader lasts from the moment they register as a candidate, throughout their three-year mandate, and continues for one year after their mandate ends.

Does the stability of union leaders apply to substitutes (suplentes)?

Yes, substitutes of union leaders are also protected by job stability because they may also take part in union negotiations and represent workers during the absence of the primary leader.

Can a union leader be dismissed during their term despite having job stability?

Yes, a union leader can be dismissed for just cause, such as serious misconduct. However, this requires a legal process known as the 'inquérito para apuração de falta grave' (inquiry to investigate serious misconduct).

What happens if a union leader fails to notify their employer about their candidacy within 24 hours?

Even if the notification is late, beyond the 24-hour period specified in the CLT (Consolidation of Labor Laws), the stability still applies. However, the notification must occur within the employment contract period, before the worker is dismissed.

What does Article 522 of the CLT state about the number of union leaders in a union's board?

Article 522 of the CLT states that a union board can have a minimum of three and a maximum of seven members who will benefit from job stability. This provision has been criticized as potentially influencing union organization, but the TST (Superior Labor Court) has affirmed that this article is compatible with the Constitution.

What does 'category differentiated' mean in relation to union leaders?

A 'category differentiated' refers to workers who belong to specialized categories, such as cargo handlers, who may be linked to a different union based on their specific role, even if they work in a company that does not align with that category.

Can a union leader's stability be maintained if the business activity is extinguished?

No, if the company ceases its business activity, the union leader's job stability is no longer applicable, as the role of the union leader is tied to the ongoing existence of the company and its workers.

What happens if a union leader is dismissed while on notice (aviso prévio) and later becomes a candidate for union leadership?

If the worker is already on notice when they register as a candidate for union leadership, they do not receive the stability benefit. This is to prevent individuals from using candidacy registration as a way to avoid dismissal.