A autonomia negocial do empregado hipersuficiente nas negociações trabalhistas

Abstract

This research hás as main focus the figure of the Hipersufficient Employee, brought by Law n° 13.467/17 (Labor Reform), ande his autonomy in the composition of contractual clauses. As a result of this autonomy, the Hiperemployed Will be able to agree directly with his employer the contractual clauses as if it were a union entity, and that, when ratified, the Will have preponderance over the other collective instruments, reason why it is questioned if this prerrogative does not violate the legal normative system protection of workers. In view of this, an analysis of all aspects that permeate changes related to this figure and as generated by the same labor structure was sought, so that the concept of this type of job is presented, as well as its characterizing requirements and the powers conferred to it. In view of the possible violation of the protectionist system of labor rights, the hypothesis of possible jurisdictional control in the activity of that employee is discussed, considering that the autonomy conferred on him puts the employee's legal security at risk, since there is a affront the principle norms of Labor Law. In this tuning fork, the present monograph works with the hypothetical-deductive method, while seeking to solve the doctrinal stir that permeates the employee's autonomy under study, through the raised conjecture. Subsequently, in an analysis of the set of criticisms made against the Hyperemployed, the use of arbitration in the resolution of collective and individual labor conflicts is listed, through the convention of the arbitration clause, in view of the unavoidable and inalienable rights of the worker. At the end of the study, the figure of the Hypersufficient Employee contained in the sole paragraph of art. 444 of the CLT does not pass through the constitutionality sieve due to the serious violation of the constitutional and infraconstitutional precepts and norms, breaking with the normative system of worker protection.