This Wednesday, the PS presented a proposal to amend the labor law, which in some cases allows employees to waive wage credits owed to them upon termination of the employment contract, contrary to what was foreseen.
The socialists’ proposal was presented orally by deputy Francisco César, during the meeting of the working group where labor changes under the Decent Work Agenda are voted on.
BE deputy José Soeiro challenged the proposal, arguing that the socialist initiative “presented by surprise” is “extremely serious because it results in a withdrawal and a total change by the PS on this issue” and that it responds to “a concession to blackmail by the bosses”.
According to José Soeiro, the PS proposal, which has not yet been voted on and is subject to change, “empties” the BE proposal that was approved by the working group in January.
On Jan. 3, delegates approved a specialty BE proposal that ended the ability for workers to waive credits owed to them, such as holiday or Christmas grants, when they are laid off or their contract expires.
BE’s proposal was approved with the favorable votes of the proponent, the PS and the PCP.
Under the BE proposal, approved in January, employee assets “are not subject to extinction by abdicative forgiveness.”
The proposal presented by the PS on Wednesday maintains the rule introduced by the BE, but adds a new point that in turn responds to what the PSD defends.
Whenever the employee is provided with detailed information and the respective grounds for all claims in writing, the employee may expressly waive the claims referred to in paragraph 1 in agreement with the employer, provided that the signatures are subject to notarization face -to-face or in legal proceedings”.
At issue is Article 337 of the Labor Code, which provides that “the claim of an employer or employee arising from an employment contract, its breach or termination shall become time-barred after one year from the day following the day on which the employment contract ended”. work”.
Despite the fact that the law provides that the credits due to the employee at the end of the contract expire one year after the termination of the contract, so that the employee can claim them during that period, it has become customary for employees to provide a statement sign where they waive payroll credits when they leave the company.
Source: DN
