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LEGAL

The importance of trade union law and / or collective law
Friday 19 May 2017, 10:08AM
By jorge silva
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Few people know, but the importance of Trade Union Law (Direito Sindical) and / or Collective Law  is even to Labor Law, since the Right of Union had its origins when the workers began to unite to fight for more human conditions of work.
 
How did trade union law come about?
The recognition of trade unionism occurred through the "Carta del Lavoro" issued by the fascist state of Italy.


The guidelines of this letter were followed by Brazil, resulting in Decree No. 1,402 of July 5, 1939, which regulated unionization in Brazil based on the corporatist organization adopted in Italy.


For this corporatist syndical model it is understood that it was governed by the State, that is, it had no freedom of action of its own.


In 1988, with the new Constitution, the unions were no longer under the power of the State, being from that moment regulated by the Private Law branch.


What is the importance of trade union law and / or collective law?
With the emergence of CLT - Consolidation of Labor Laws and other supervision directives adopted by the Ministry of Labor and Employment, the relationship between employers and employees has become more balanced, so to speak.


However, even in this context, trade union law is of paramount importance to ensure that both the rights of employers and employees are safeguarded, especially in collective bargaining or strikes.


Moreover, it is up to the unions to make a kind of intermediation in defending the interests of their representatives in the face of a negotiation.


For example, it is up to the Banking Union to defend the rights of professionals in this category in the face of negotiations with employers' banks.


To conclude on the importance of trade union law and / or collective law, it is necessary to always consider an old adage that mentions that "union is strength".


This is the basic concept of the union organizations, since individually, both employers and employees, would not have the same force of action in the fight for their rights.






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