Compensação de horas e os aspectos negativos do labor em escala 12x36

Abstract

It is proposed to perform an analysis about the compensation system of hours in Brazil, tracing a prism with the advent of the Labor Reform and its ramifications in the legislation treatment and labor Brazilian courts. For the composition of the work were used bibliographic references through the reading of articles, jurisprudences, books and documents about the theme. In an initial way, it is presented a sketch of the historical context, where the labor relations were inserted and standardized along the years. In a second moment, were characterized the compensation system of hours, having as reference doctrinators and the Consolidation of Labor Laws itself. Finally, it is present a study about the labor scale on the 12x36 modality, aiming to the principle of the worker’s protection, from labor laws, provoking in a critical way the forms of the scale 12x36 regime, the systematic of the compensation of this modality, and mainly, the impacts on the worker’s health. It is worth to highlight that Brazil has, and just because the advent of the Labor Reform, a dense spectrum of studies to be investigated about the theme, since, for treating of a not so much widespread theme in the Brazilian labor legislation, the changes executed have a direct impact in the social life bearing in mind that the labor is a big part of the society’s mechanism.As methodological contribution, it used the bibliographic and exploratory procedures, since it is done an analysis from pre-existent data inside the individual and collective labor law. Thus, it is concluded that, observing through the legal and social parameters, the scale 12x36 modality, constitute it as a precariousness of the labor bonding, in front of the non-observance of the constitutional norms of health and safety and the non-observance to the principle of the worker's protection.So it remains the expectation for the debate to be soon analyzed by the Superior Courts.