O dever de negociação coletiva de trabalho e a faculdade de contratação coletiva de trabalho no direito brasileiro

• Autor(a) principal: Bizzi, Breno Gilberto Bonuti
• Data de Publicação: 2016
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33466
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Dever de negociação coletiva de trabalho; Faculdade de contratação coletiva de trabalho; Principal atividade desenvolvida pelos sindicatos; Ponte do direito do trabalho; Duty of collective labor bargaining; Collective labor contract option; Main activities developed out by the syndicate; Source of labour law

This work aims to study the duty of collective labor bargaining and the collective labor contract option inBrazilian law.This study is justified, given the great importance given to collective labor bargaining as measures of social pacification.Besides that, depending on the achievement or not of collective labor bargaining and conclusion ornot the collective labor contract,may appear different consequences for the parties, which also justified the relevance of this study.Thus, it is emphasize that the collective labor bargaining is the main activity developed out by the syndicate.Through her resolve to collective labor disputes, established in the production process, setting moreappropriate and fair working conditions and employment of the parties.Thus, it is the process of collective labor bargainingthatwill guide theconclusion offuture collective labor contract (agreement or collective labor convention).Brazil adopted for many years a union model linked to the state, with this, the process of collective labor bargaining in the workplace, culturally, is little used, perhaps for the wrong thinking of the parties that there is a duty of collective labor bargaining.The subject is highlyrelevant to the extent that the promotion of collective labor bargaining is a trend in Brazil and, of course, is the most appropriate means and just the composition of the parties, who, knowing their chances, freely negotiatethe best conditionsof work and employment.To point out that the duty of collective labor bargaining and the collective labor contractgo towards promoting the principle of human dignity. Thus, the negotiating functionas a source of labor law which is authorized by collective labor bargaining creating new legal standards and better laborconditions and employment, which integrate individual laborcontracts.Asthe collective laborcontract, it is clarified that its conclusion is optional, onceit should be heldin a free and consensual.Thus, the parties have full freedom of expression, as their interests in the collective laborcontract, in view of the social function of contracts