As negociações coletivas à luz da Reforma Trabalhista: análises doutrinária, profissional e setorial da categoria sindical metalúrgica.

Abstract

This article presents a study about the first effects of the Labor Reform, also know as Law No. 13.467/17, on the collective labor law, more specifically with regard to collective bargaining and business representation of unions. It is an analysis of the national negotiation scenario, parallel to the sectorial accompaniment of the metallurgical category of Juiz de Fora-MG, in order to verify the incidence of alterations in the negotiations carried through since then, such as the suppression, alteration or inclusion of social and economic agendas, under the quantitative and qualitative optics. To this end, bibliographic and literature reviews were used, as well as presentations of perspectives of professionals in the area, exposure of national data and business material collected through sectoral monitoring. The initial hypothesis was based on the negative character of the legal limitations imposed to the effective negotiation and to the collective private autonomy of the professional unions, especially with the worsening of the current economic crisis in the country, the end of the union approvals and the compulsory contribution, in addition to the prohibition to ultraactivity. Both at the national and sectoral levels, it was observed the adoption of a more cautious and defensive posture of the professional category, while the employer category assumes a more comfortable position, resisting the discussion about new clauses and tension towards the flexibility of previously agreed labor benefits. In addition, the number of collective bargaining negotiations was reduced nationally, in the opposite direction to the intended valorization of the negotiated over the legislated one.