Minister Luiz Marinho, of Labor and Employment, asked this Monday (13) for the support of Fiesp (Federation of Industries of the State of São Paulo) to approve, at the Board of Trustees of the FGTS (Fund for the Guarantee of Severance the end of the anniversary-looting modality, which he classified as a bait.
“We are against the withdrawal for ‘n’ reasons because I have the same vision. Not me, the Department [Sindical]that it was instituted with a specific purpose, in case the worker has the need in his dismissal, and if he keeps withdrawing for several reasons, he loses his raison d’être”, said the director of the Fiesp Union Department, Paulo Henry Schoueri.
The FGTS anniversary withdrawal has been attacked by Marinho since the first days of the new holder of the Labor and Employment portfolio taking office. In this modality of access to the fund’s money, the worker can withdraw a percentage of what is in the balance, plus an additional portion (the amount varies according to the amount deposited).
Adhesion is voluntary, but those who request access no longer have the right to the traditional modality, released upon termination.
“I’ll solve that. I think the anniversary withdrawal is a hoax, because it disrupts the industry’s logic, it weakens the investment fund,” he said. “I want to leave it to you, as the debate goes on, we will certainly guide [o assunto] on the Board of Trustees of the Fundo de Garantia this matter, and I want to count on the support of the industry there.”
The Minister of Labor and Employment said that the Guarantee Fund has two important roles, which today are distorted. “One is to set up a fund for investment, housing, sanitation, and it has the role of helping work in the misfortune of unemployment.”
Marinho gave as an example the case of a worker who used the birthday withdrawal to ask for a bank loan of R$ 14,000, for which she would pay R$ 22,000 in interest. “She was fired, she has BRL 40 thousand in her fund and, in theory, she has BRL 18 thousand [descontados o R$ 22 mil que deve ao banco]but she was prevented from serving because of the birthday withdrawal”, he said.
Still on the FGTS, Marinho stated that he will seek all the ministers of the STF (Supreme Federal Court) to deal with the process that will decide on the correction of the balance of the fund.
The minister declined to say, however, what is the government’s understanding of the best solution for the case.
The STF will decide whether the TR (Referential Rate) is adequate to correct FGTS balances. In addition to the TR, which is close to zero, the money deposited in the fund is corrected by 3%. The action presented by Solidariedade in 2014 asks for its replacement by an index that compensates for inflation.
“I hope that the Supreme Court has responsibility when deciding on actions such as the FGTS”, he said. “I intend to talk to each Supreme Minister about this, about the risks of making a fund so important for economic activities vulnerable.”
The impact of the change to the fund is estimated at more than R$300 billion.
Marinho calls Dilma’s impeachment a coup
This Thursday, at Fiesp, Luiz Marinho referred to the impeachment of President Dilma Rousseff, in 2016, as a coup in more than one situation. Fiesp, at the time still under the command of Paulo Skaf, was an important supporter of the process that led to the dismissal of the PT candidate.
The Minister of Labor and Employment stated that labor relations have deteriorated in recent years, with an increase in cases of slave labor and child labor.
“Unfortunately it seems to me that there was a certain setback in this phase, from the coup against Dilma to here, in this interval until Lula’s return, it seems to me that the work environment also got in the way too much. Not in all segments, it is true”, he said. .
“You have the industry that is more structured, but you observe that there are some regions where slave labor is back, the exploitation of child labor is back and that we are going to have it again, and in a very calm, serene way, but to rebuild a civilized process in the relations of capital and work.”
Unions cannot hide in conjunctural negotiations
The Minister of Labor and Employment defended to the directors of Fiesp the device of the ultraactivity of collective agreements, according to which clauses negotiated in an agreement remain valid and are incorporated into current individual contracts until a new negotiation decides otherwise.
Ultraactivity was vetoed in the 2017 labor reform, but the legality of the ban is still pending a final decision by the STF.
For Marinho, ultraactivity is a very important clause, which values the collective contract. He said, however, that he has received criticism from sectors struggling to advance in the negotiations. “The union hides behind a collective agreement negotiated at a conjunctural moment”, he affirmed.
A solution to this, in the minister’s assessment, would be the creation of deadlines for ultraactivity. “If the unions refuse, of course [a convenção] it cannot last forever.
Consumers and shareholders should not turn their backs on Americanas
After the meeting with Fiesp’s directors, Marinho defended that the situation of Americanas, the retail giant that filed for bankruptcy in January, should be seen from the point of view of the workers.
“We always consider, including, that these messages reach the consumer, the consumer. Do not turn your back on the Americanas stores because there are 44,000 workers in 1,790 stores”, he said. “It is very important for everyone to work to preserve Lojas Americanas and this is also our request to the shareholders.”
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