INDIVIDUAL JOURNEY AGREEMENTS MUST BE INFORMED TO UNIONS

Minister Ricardo Lewandowski, of the Federal Supreme Court (STF), determined that individual agreements to reduce working hours, salary or contract suspension, as provided for in MP 936/2020, must be communicated to the unions. According to the decision, companies have up to 10 days to contact the representative entities, which may start collective bargaining about the changes.

However, if the union entity remains silent, the individual agreement will be considered validated by the union, agreeing, tacitly, with its terms.

For the Minister, the individual agreements authorized by MP 936/2020 will only have full legal effects after the manifestation of the professional unions.

The decision was rendered in a direct unconstitutionality action 6363, filed by the Rede Sustentabilidade party, which questions the constitutionality of Article 7 of the MP, which authorizes the reduction of hours and wages through an individual agreement between employees and employers.

For the party, this provision is contrary to the Federal Constitution, which provides, as an inherent guarantee of human dignity, the irreducibility of wages, except by collective bargaining (Article 7, IV, of the Federal Constitution).

In this way, the possibility of reducing working hours and wages through an individual agreement remains, but as long as it has the seal of the professional union for full validity.

Our Labor team is available to answer your questions.