Negociação coletiva de trabalho: soluções de problemas trabalhistas nas crises empresariais

• Autor(a) principal: Carneiro Filho, Roberto
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5367
• topic: Negociação coletiva de trabalho; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The dialogue is an essential factor for success of labor relations. Relying on the principle of continuity of contractual labor relation, it can be affirmed that the end of employment legal relation by dismissal of an employee brings an end to the purposes of the Labor Law, because the latter always aims to preserve the legal link labor, yet more when occurs a simultaneous disruption of several labor agreements for a collective dismissal of workers, as a result of any economic crisis. Here is the proposal contained in this academic work, the debate regarding the duty to negotiate in times of economic crisis, seeking solutions less damaging to workers than the collective dismissal. There is a "new" Labour Law the 21st century, and precisely guided in the paradigms that illustrate this scholarly work, which are the right of citizenship for workers in the company, employee participation in corporate management, trade union freedom, the obligations contractual instruments and the effectiveness of fundamental rights in horizontal relations. Thus, from a relevant study of the history of labor law in this dissertation work reaches the present day, suggesting, even implicitly, the reconstruction of the legal work on the foundations of democratization of labor relations, always taking premised on the need to protect the inapt part of the relationship between capital and labor. Finally, circumstantial flexibility of labor rights, the main object of this academic paper, is truly fit the "new" paradigms drivers of labor relations these days, without incurring the precarious working conditions of the minimum guaranteed by our legal system, and yes, leading it to be able to save the livelihood of a significant number of people to avoid the collective dismissal, the labor