Participação dos empregados nos lucros e resultados da empresa: efeitos da Lei 10.101/2000 Sobre as relações trabalhistas

• Autor(a) principal: Batista, Vitor Zilli
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5706
• topic: Direito do trabalho; Relações trabalhistas; Regulamentação

Presently, the country undergoing a period of economic hardship, which makes it necessary for companies to exploit all existing options to maintain their competitive capacity, while labour movements aim to protect worker’s rights. In this context, this term paper aims to analyze the Law 10.101 / 2000, which deals with employee participation in company profits and results, by agreement between employers and employees, seeking the integration of their interests, while also exploring its effects on labor relations after its adoption, analyzing its advantages and disadvantages. It is an exploratory research, in regards of level, seeking familiarization with its subject matter, and the data was collected through bibliographic research, since it is based on preexisting materials, especially legal doctrines and articles, and also through documentary research, since this paper deals with legal matters, requiring the citation of relevant legislation, together with jurisprudence and precedents. Accordingly, Law 10.101 / 2000, stipulating in its regulations that the parties' freedom to agree should be respected when they wish to adopt employee participation, and with the same intention, signaling tax and labor benefits for those companies that enter into participation agreements with their employees, fulfilled their objective of reconciling the interests of employees and employers, effectively reducing the reasons for labor tensions. However, at the same time, Law 10,101 / 2000 does not yet have regulations capable of avoiding the possible damages caused by the adoption of employee participation, such as the real reduction of employees' earnings when they depend on profits, and the reduction of retirement benefits, since participation does not count towards their calculation.