Negociação coletiva no âmbito da empresa : acordo coletivo com propósito específico

Abstract

This study aims to analyze the Labor collective negotiation within the company, as well as the collective bargaining agreement with a specific purpose, by means of which employees and employers start to have a direct communication channel in the workplace, with significant autonomy to make rules in favor of their own coexistence.The Labor collective negotiation is a source of normative production that finds in the legitimacy of the direct representation a new space to achieve greater effectiveness and legal certainty, in connection with the agreed rules.The most developed labor relations systems recognize the existing conflict between capital and work and search for solutions to manage this conflict by fostering the interaction of these two main players, so as they are able to establish instruments and habits to deal with their disagreements from their origin.In Brazil, the model created in another social context is obsolete and give rise to conflict, by preventing attempts to improve the working relationships.The normative production and resolution of conflicts were transferred to external agents, keeping the State on the front line of the working relationships.It is possible to create measures that foster the social dialogue in a non-mandatory way, as well as progress for those who are already prepared for a new standard of employment agreement which, by following the guidelines of the International Labor Organization, search for balance and harmonization through freedom.

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