A dispensa coletiva e a necessidade de prévia negociação sindical

Abstract

This study seeks to analyze the need for prior negotiation by the union in collective dismissal. This occurs when the employer dismisses a considerable number of workers justified in economic, technological change in the structure or nature of the company. There is no specific regulation on this subject in the Brazilian legal system and the Superior Labor Court established understanding in the sense that are abusive mass layoffs undertaken by companies without prior negotiation with unions in the professional category. The discussion on the topic involves the study of principles as free enterprise and social value of work . Also should analyze absence of legal provision and the union representative one. The employer's right to free enterprise, against its governing power must be reconciled with other constitutional values such as protection from arbitrary dismissal arising from the social value of work. Furthermore, the economic and social impact of collective dismissal goes beyond families and affects the entire society, so it is up to the Union regarding the negotiation to find a way to mitigate the effects, according to their function in art carved 8, III and VI of the Federal Constitution. However, for it to participate in collective bargaining, it needs to be representative