ESCALA 12x36 após REFORMA TRABALHISTA e as decisões do STF

Understanding the 12x36 Work Schedule and Recent Labor Law Changes

Overview of 12x36 Work Schedule

• The video discusses the 12x36 work schedule, recent labor law reforms, and a recent Supreme Court decision regarding this schedule.

• A crucial point is that many are unaware that if you work under a 12x36 schedule with an hours bank, your extra hours should not be deducted when you miss work; this is incorrect.

Legal Implications of 12x36 Schedule

• The speaker emphasizes that the 12x36 schedule is incompatible with an hours bank. If you work this schedule, you can claim overtime for any hours worked beyond eight in a day.

• The legal foundation from TST states that working 12-hour shifts qualifies as an exceptional case, thus invalidating the use of an hours bank for such schedules.

Changes Introduced by Labor Reform

• The labor reform enacted at the end of 2017 introduced three significant changes to the 12x36 schedule:

• No longer requires union authorization for implementing a 12x36 shift.

• Employers can directly hire employees on this basis without needing prior union consent.

Union Authorization and Worker Rights

• Despite new laws allowing direct hiring under a 12x36 contract, it’s advised to consult your union as some may still require authorization based on collective agreements.

• Workers are entitled to receive overtime pay for all days worked beyond eight hours daily.

Additional Changes Affecting Workers

• The reform removed rights to double holiday pay for those working under the 12x36 schedule, which was previously upheld by TST.

• It also eliminated extended night shift bonuses (adicional noturno prorrogado), limiting additional pay strictly between specified night hours.

Supreme Court Decisions on Labor Reform

• Recent decisions from the Supreme Court confirmed that no union authorization is needed unless explicitly stated in collective agreements.

• However, if unions prohibit such contracts in their conventions, then employer compliance is necessary.

Advice for Employees Facing Transfer Issues

• For workers facing forced transfers (e.g., from one city to another), it's recommended to formally request transportation allowances in writing rather than resigning out of fear of dismissal.

• This written request serves as documentation should disputes arise regarding job termination or just cause claims against employers who fail to provide transport support.

By following these guidelines and understanding your rights within the framework of labor laws and recent reforms, employees can better navigate their employment situations.

Understanding Overtime and Legal Rights

Importance of Subscription and Content Overview

• The speaker emphasizes the value of subscribing to the channel, highlighting that there are many informative videos available for viewers.

Understanding Overtime (FT) and Its Implications

• The discussion focuses on FT (overtime), which refers to working during scheduled days off or additional hours beyond regular shifts.

• Regularly working significant overtime (10, 20, 30, or more hours per month) can lead to legal implications regarding employment contracts.

Legal Consequences of Excessive Overtime

• If an employee frequently works excessive overtime, they may have grounds to challenge their work schedule in court. This could involve seeking annulment of a 12-hour shift followed by 36 hours off due to excessive overtime.

• Courts often rule in favor of employees when presented with evidence of habitual excessive overtime.

Financial Impact of Challenging Work Schedules

• An example is provided where an employee earning R$3,000 monthly could potentially receive around R$100,000 if they successfully challenge their work schedule after five years due to excessive overtime.

• This highlights the importance for employees to be aware of their rights regarding work schedules and compensation.