The United Kingdom is testing reduced working hours with the aim of increasing production productivity and workers’ welfare. The project, billed as the world’s largest reduction in a working day, aims to help companies reduce working time without cutting wages or income. Similar trials are being conducted in Spain, Iceland, the United States and Canada, and are scheduled to begin in Australia and New Zealand.
These developments in the relationships between employers and employees are fundamental to building a just and balanced society. But in order to succeed in this task, existing institutions must act with exemption in regulation and inspection without prejudice and interventions must occur only in cases of conflict of interest, specifically with the aim of building an enabling environment for all.
It’s an extreme relationship of trust between the actors involved, something very far from the relationship between capital and labor in countries like Brazil, which have a bunch of backward laws and lazy and lazy legislators, who favor adjustments, that hurt both sides. . Transforming the Labor Court into an exceptional criminal court, allowing judges to make decisions according to their mood.
The “pleasure” to urge Brazilian citizens to do is wonderful, government agencies make beautiful propaganda pieces, politicians speak passionately about the topic, rare success stories that the media use to attract new adventurers and with these strategies the risks are hidden. In the trance dream of success. Economic and financial risk analysis contains several models that, if well applied, allow rational decisions to be made.
But legal uncertainty cannot be measured, because it arises in a system with excessive bureaucracy and no rationale for globalized and competitive markets. Consolidation of Labor Laws was liberalized in 1943, at a time when it was common to practice labor functions in inhuman conditions and even slavery. Therefore, the Labor Code was created specifically to be protective and, accordingly, to facilitate the means of establishing the rights claimed by the worker in the judicial sphere.
But society has progressed and transformations are inevitable, but there has been no progress in this area of great importance, and daring entrepreneurs continue to roam the troubled waters infested with crocodiles. A large corporation has a legal and monetary structure to defend itself, but these resources must be used to improve human capital, if the Brazilian state makes reforms without arrangements to meet certain whims.
The small business owner, in turn, who lacks legal structures and without profit margins for financial safeguards, is at the mercy of the strictness of the punitive code of business conduct. Many who do not have the financial support to make the proposed agreements in local court hearings, are found guilty and without an appeal clause, where a financial deposit is required, and begin to flee from the labor court and with no means to defend themselves, they may even lose the freedom to drive a car, a motorized vehicle , owning goods, owning a current account in a bank, which leads to a destitute life.
Some working on the law comment that it is easier to defend a high-risk criminal in criminal justice against a businessman who was convicted in the old labor courts. Therefore, general and unrestricted changes are considered urgent in this very important area for the development of the economy. Because without it, informality will be used as a means of survival for businessmen and state bureaucrats will act as sentinels, believing that punishment will balance the game.
In this clash, the worker and the small entrepreneur are at the mercy of the will of reactionary legislators and without obligation to advance society. We need government regulation that stimulates the productivity of the factors of production, balances conflicts between firms and workers. “First the stomach, then the morals.”Bertolt Brecht, German philosopher.
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Everton Araujo Brazilian, economist and professor.
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