Toffoli requests review and STF postpones RE judgment on collective dismissal
A request for review by Minister Dias Toffoli suspended this Thursday (/) the trial in which the Federal Supreme Court will decide on the possibility of companies dismissing workers en masse without collective bargaining. In this Thursday's session, the judgment of an extraordinary appeal that was being considered by the virtual Plenary was resumed in February this year. But at the time the trial had also been suspended , at the request of Minister Dias Toffoli himself. Fellipe Sampaio/SCO/STF Minister Dias Toffoli requested a view of this Thursday's trial (/) Fellipe Sampaio/SCO/STF In this Thursday's session, before Toffoli's request, minister Luís Roberto Barroso had voted against accepting the extraordinary appeal, which would release the employer from having to agree on the dismissal with the labor union. As a result, the provisional result is three votes to two in favor of the thesis formulated by the rapporteur, Minister Marco Aurélio, according to which the mass layoff of workers does not require collective bargaining. Accompanying the rapporteur are ministers Alexandre de Moraes and Nunes Marques. In addition to Barroso, minister Edson Fachin also opened a disagreement.Minister Luís Barroso supported his thesis Greece Phone Number against the rapporteur's vote under the understanding that, in judging cases involving labor issues, premises must be considered such as guaranteeing fundamental labor rights inscribed in the Constitution, preserving jobs, formalizing work and promoting collective bargaining. According to him, there is a constitutional omission against dismissal without just cause. And collective dismissal is a socially relevant fact not only because of its impact on thousands of workers, but also on the community in which they live. "There is no reason why one should not sit at a negotiating table. Prior union intervention is a procedural requirement for the mass dismissal of workers", he maintained. Lawyers interviewed by Conjur criticized the postponement. Lawyer Thiago do Val , specialist in labor law at Lira Advogados, said that the delay "creates legal uncertainty, as the issue has been awaiting a final decision since and we are in the midst of a crisis that could lead to mass layoffs. It would be a huge It is important at the current moment to speed up this judgment in order to reach a definitive decision on the matter".
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Giovanni Anderline Rodrigues da Cunha , labor specialist at Finocchio & Ustra Advogados, was in the same line. For him, the suspension of the trial only adds to the great legal uncertainty that surrounds the issue, especially after the Labor Reform, which established the exemption from the requirement to conclude an agreement or collective convention to authorize mass dismissal, which goes against the position already established by the Superior Labor Court. "In fact, this legal uncertainty is even more reinforced in the current context of the Covid- pandemic, in a serious and challenging scenario of great uncertainty, especially in the economy, which could sometimes require the mass dismissal of workers, without certain terms yet what path should be followed, due to the delay involved in this trial." For lawyer specializing in labor law Marcelo Faria , from TozziniFreire Advogados, the labor reform made the issue even clearer, through article -A of the CLT, which remains in force for all purposes. "In our view, positions that differ from this understanding will create an unreasonable burden for companies when contractual terminations are necessary, especially in this period of worsening of the crisis", he states.
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