In addition to its man-world nature, labor relations are also a man-to-man relationship and, as such, inter-subjective. In addition to fending for himself, man provides for the livelihood of other men, be it one’s own end or a means to reach it.
A product of human action on the world, the result of labor can be appropriated and consumed by the very individual who performed it, in which case it will be labor for oneself, or exceed the needs and capacity of individual consumption, when it will be appropriated and consumed by another individual. In the latter case, this will refer to labor performed for another one. This work can be done freely, when the worker becomes a kind of merchant of the output of his labor, or based on coercion, when the worker is compelled by others to produce something. Interestingly, the labor performed by some is often putting on pressure on others to such production. Being so, the former are those who become strong enough for this and derive their livelihood from the work product of the latter, who are weaker, and this sets the nature of their labor.
Labor relations in Brazil do not differ from the relationships established all over the world when it comes to the labor essence. The underdeveloped country status indeed brings certain social setbacks, but not when analyzing this process as an inter-subjective relation that entails compensation, reporting level analysis, definition of workloads and working time, among others.
The collective bargaining covenants and agreements increase business costs and change the mood and productivity of the workers. The former are directly negotiated and executed by the labor unions of the employees’ prevailing professional category, whereas the latter are decided by the labor court judges. In both cases, the outcomes are beyond the individual control of the businessperson, but do not escape Biscaldi Bueno endeavors.
Biscaldi Bueno labor litigation area is made up of fully fledged professionals who provide fast and effective service in monitoring lawsuits at labor courts throughout Brazil, at all court levels and degrees of jurisdiction, acting in defense of its parties, and preparing suit documents and records based on specialized techniques. All this is eventually aimed at reaching the least equity impact possible arising from Labor Claims and, in many cases, definitely terminating them.
Our Labor Advisory area specializes in providing clear and objective service on inquiries previously submitted in most varied areas related to Labor Law and, through complete advisory engagements, offers its clients personalized consulting services, which encompass:
• Negotiations with the relevant professional category union;
• Enforcement notices and administrative appeals with the Ministry of Labor;
• Negotiation of collective bargaining agreements and covenants;
• Analysis of payroll, labor rights and social security contributions, and outsourced services;
• Legal opinion and defense against lawsuits concerning employers, former employers, self-employed workers, sales representatives and service providers, involving overtime, employment relationship, work accident, job tenure, and occupational diseases, among other issues;
• Advice on arbitration chambers;
• Internal procedures relating to employees, preventive reports and advice to human resources departments of the company, by clarifying questions and reducing and/or eliminating risks.
Biscaldi Bueno law firm seeks to assist its clients in rendering diagnosis and strategies, and developing technology-, operational- and cultural-related solutions, so as to enable the most appropriate decision-making initiatives.