In occasions of mass layoffs, collective bargaining is usually a resolution for SMEs.  As a result of?

In occasions of mass layoffs, collective bargaining is usually a resolution for SMEs. As a result of?

Lawyer Rodrigo Soares talks about the importance of collective bargaining as policies for attracting and retaining talent, avoiding mass resignation requests

During the pandemic, around 4 million Americans, mostly young people under the age of 30 and in the service sector, resigned from their jobs. The phenomenon came to be known as Great Resignation, which I freely translate as “Grande Demissão”, to better understand the labor concept.

The high number of dismissal requests, in a scenario of high unemployment percentage, demonstrates a change of vision. In Canada, some employees use the expression just a job to refer to work as a “secondary issue”, prioritizing personal life, relationships with family, friends and relatives, in addition to other life goals, which they consider to be more relevant, ahead of work. For these people, “work is just a job”.

The reader may probably wonder: “but Canada is a first world country. And Brazil?”.

Well, in Brazil, the phenomenon of the “Great Dismissal” is also present, indicating that many employees have started to give priority to other issues, not exactly every job, but — apparently — opting for a job that, apparently, , is more aligned with personal life purposes, such as living in the countryside, abroad, spending more time with children, taking care of parents or relatives, among other individual goals.

It is estimated that by February 2022, the country registered 500,000 employees who resigneddouble the number compared to the period before the pandemic

The released surveys, based on government sources, however, do not specify the reasons why so many employees resigned. This act, by definition, is a form of contractual termination by the employee’s unilateral will, without the right to receive the FGTS percentage of fines, unemployment insurance withdrawal or even preventing them from withdrawing their FGTS.

What can be done, according to the law

It should be remembered that Bhutan, an Asian country in southern China, adopts public social welfare policies that take into account the happiness of citizens, not by subjective, but by objective criteria. This is the Gross Domestic Happiness Index (GNI), which measures the personal satisfaction of citizens, based on criteria such as education, health and safety. In that country, if the average population is not satisfied with one of these criteria, it is concluded that changes need to be made.

The Brazilian Federal Constitution defines as fundamental social rights: education, health, food, work, housing, transportation, leisure, security, social security, maternity and childhood protection, and assistance to the destitute.

There are amendments that intend to insert the right to happiness as a constitutional guarantee, mocked by some. However, so far, there is no inclusion of this express provision for happiness in the legal system, as in Bhutan, or even in business procedures.

As mentioned in my book “Management of Conflicts Among Employees” (Editora Mizuno, 2022), however, it is not enough for the company to have only one reporting channel to protect the environment and happiness, consequently. It is necessary to provide effective treatment, through a procedure that provides for conflict resolution mechanisms.

While this does not occur on the initiative of companies, collective bargaining proves to be an important ally in the policy of retaining and attracting talent, in search of happiness, even if it is eventually far from the form considered ideal by workers.

From a legislative point of view, it is best to give effect to the constitutional norm of recognition of collective bargaining, art. 7th, XXVI, CF.

Collective bargaining as a reflection of business reality

The workers’ assemblies serve as a practical example of how collective bargaining can influence the policy of retaining and attracting talent. In one of the opportunities that I had the opportunity to be at the negotiating table, the union highlighted the priority of employees for a greater readjustment in food stamps, because the amount paid by the competing company was greater.

The company adapted to the claim, granting a significant readjustment of the benefit, with the counterpart of a lower salary readjustment, and the collective bargaining was closed within the employees’ expectations, contributing to the reduction of turnover in that year of the base date, in addition to other business policies.

In this sense, it is necessary that unions are perceived as a compliance instrument for identifying failures and verifying workers’ desires, in the search for a relationship to be established on a perennial basis.

Therefore, as we have seen, negotiation has the potential to establish rules that reflect and accommodate the expectations of workers, with the purpose of retaining and attracting talent.

digital nomadism

Another practical example that negotiations are important allies in retention and attractiveness policies is the circumstance created with the advent of remote work: many employees started working in other municipalities, states and even countries (becoming called “digital nomads”). .

Despite the place where services are provided is the rule for the application of collective norms to employment contracts, it appears that collective agreements began to be negotiated to regulate this new modality of distance work, due to the legislative omission.

Collective norms were negotiated to regulate issues such as:

  • The way in which the services are provided (synchronous or asynchronous – that is, during the same business hours as the company or at a different time);
  • Holidays applicable to employees, according to the location where the services are provided;
  • Regulations to define concepts unrelated to expatriation;
  • In addition to other aspects that the collective norm could, and should, regulate.

In other words, no one better than the parties involved to negotiate their realities. Provisional Measure No. 1,108/2022, recently approved and awaiting presidential sanction, however, by determining that the collective rule relating to the place where the business establishment is located, that the employee is assigned, contractually bound, and for which he renders services is applicable, comes in the sense contrary, since, in our opinion, such a provision could be left to the will of the parties.

In yet another realization that the Law is, once again, challenged by the reality of society, especially in times of pandemic, the preference for a flexible place for the provision of services seems to translate, among others, into one of the important claims for thousands of people. people who resign, even in a context of high unemployment.

The moment demands that the business community be concerned with policies for attracting and retaining workers. The view that the “boss exists to exploit work” loses space, to a certain extent, to the new conjuncture of the “Great Dismissal” or “Great Resignation”, in which thousands of employees resign daily, looking for a job. that is more aligned with your life projects.

Regardless of the name one wants to assign to the phenomenon, it is proof that the collective bargaining is essential to adapt to the reality of companies to employee expectations in order to retain and attract talent.

The Principle of Negotiated Sector Adequacy — in short, collective bargaining for the reality of a specific sector — gains, to this extent, even more relevance.

Source: Exam

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