As consequências jurídicas do negociado sobre o legislado para a categoria profissional bancária, sob a ótica das Convenções Coletivas de Trabalho (CCTs) de 2018/2020 e 2020/2022

Abstract

This research aims to debate the legal consequences arising from the so-called Negotiated On The Legislated, in particular, on the amendment of Clause 11 contained in the Collective Agreements of Bankers of 2018/2020 and 2020/2022, which forced the deduction/compensation of the banking functional bonus in the overtime deferred by the Judiciary, due to the regular mischaracterization of the banking trust. It is certain that Labour Law was established to, through principles, norms and rules, regulate labor relations and, in view of the known disparity of conditions between contractors – employee and employer – to promote how possible the balance between such subjects, in order to avoid exploitation and abuse of the labor force. As a result, it can be seen that the normative changes promoted by union representatives cannot simply be the object of flagrant restriction and/or reduction of employees rights, and behold, the historical bases of the Brazilian labor legal system, subject to some possibilities, expressly prohibits conduct harmful to employee law. In this sense, the study brings with it the approach on the formation of Labor Law, the structure of the legal system, aspects of collective bargaining, the particularities of bank employees, the bonuses added to the salary and, finally, the debate on the unconstitutionality and/or illegality of this conventional clause