Feninfra (the national federation of call centers) reported this Wednesday (20) that it has filed a lawsuit, together with Fenattel (the federation of telemarketing workers), to try to reverse the suspension of activities of 180 companies in the call center sector.
Since Monday (18), companies are prohibited, indefinitely, from making calls to offer products and services without prior authorization from consumers, on the grounds that these practices are abusive.
The measure applies to companies linked to the service, relationship, telephony, banking, finance and credit sectors. According to a publication made on Twitter by the Minister of Justice and Public Security earlier this week, Anderson Torres, fines can reach R$ 13 million per company, in case of non-compliance.
The entities estimate that more than 400,000 workers are at risk of losing their jobs if the measure is not repealed in the coming weeks.
Feninfra’s president, Vivien Suruagy says that the entity filed the collective writ of mandamus because it understands that the companies have not broken any law.
“We understand that it was an arbitrary decision and totally disproportionate. The possible excesses of active telemarketing are already being harshly regulated by Anatel, which charges when it finds something wrong, but allows the service to be maintained. But this is killing the activity.”
By means of a note, Senacon informed that the measure is not against telemarketing activity. “The action seeks to curb excesses of those who do not comply with the legislation and do not choose to exercise good practices in consumer relations.”
According to the secretary, the ban was only to curb abuse and companies in the sector operate with other services such as legitimate active telemarketing, passive telemarketing and charges to consumers who have some relationship with the creditor.
Vivien says that the entity is also mobilizing to prevent companies from starting layoffs while they await a decision from the Court. According to the union, no layoff was made official.
“We are talking with the labor entities so that we have a deadline for the sustainability of jobs.”
Companies are evaluating what actions can be taken to avoid layoffs, says Gilberto Dourado, president of Fenattel (federation of telemarketing workers) and Sintetel (Union of Telecommunications Workers in the State of São Paulo).
He says that the federation does not rule out suggesting to companies the adoption of a lay-off (temporary suspension of employment contracts), but that the initial orientation is to relocate personnel, anticipate a bank of hours and offer collective vacations.
“The risk of dismissal is real. We have already been contacted by companies that are looking for some kind of incentive to remove staff for a period of 40 to 50 days. It is no use for the entrepreneur to dismiss now, because if activity returns in 30 days, will need to readmit.”
John Anthony von Christian, president of the ABT (Brazilian Association of Teleservices), said he awaits a meeting with Minister Anderson Torres to address the sector’s concerns regarding the suspension. He ruled out filing a lawsuit at this point.
“The intention is to suggest to him [ministro] and Senacon for every teleservice company to sign a code of ethics. This is a correct way to regulate the market. The Ministry of Justice’s motive is correct, but the form was wrong.”
ABT has around 20 member companies that together employ around 450,000 people. “The sector is one of the ones that generates the most jobs in the country, so we are very concerned about the social impact if there are these layoffs”, says von Christian.
According to Senancon, the volume of consumer complaints justifies the measure. “After all, it can no longer be accepted that consumers are bothered and have their privacy invaded by legal entities with whom they have no commercial relationship and for the offer of products in which they have no interest”, says the secretary, in a note. .
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