Full Bench of the Federal Supreme Court confirms the validity of individual agreements on the reduction of working hours and salaries, as well as contractual suspension06/07/2020
Por: Ana Cristina Valentim, Maurício Pepe De Lion
The Full Bench of the Federal Supreme Court overturned the preliminary injunction granted by Judge Lewandowski in Direct Action for Unconstitutionality (ADI) nº 6.363. Judge Moraes asserted that, in light of the current extraordinary crisis, individual agreements on the reduction of working hours and salaries were possible as they grant minimal income to employees while preserving existing work posts. According to him, this possibility is in line with the constitutional protection of dignity in the workplace and maintenance of employment considering the exceptionality of the situation. The ADI will still be judged but, considering the position of the votes, it is likely that employers will have judicial protection to negotiate individually with employees to face the current crisis.
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