6×1: PEC's legal architecture prevents the expected result, says judge
The proposed amendment to the Constitution (PEC) that provides for the end of the 6×1 scale contains legal obstacles that would prevent the initially expected result. This is what Otavio Calvet, labor judge and professor, says in an interview with WW.
According to him, the combination between the legal architecture of the PEC and the standards already existing in the CLT and the Constitution would produce a significant and unforeseen financial impact on employers.
According to Calvet, the mechanisms foreseen in the proposal would generate an additional cost of approximately 18.2% for companies. "When we combine mathematics with legal, the result is not always what we expected", he stated.
The three errors highlighted in the PEC
Calvet identified three problematic points in the proposal. The first would be to change the work scale from 6×1 to 5×2, which, in itself, would reduce the available working time. The second error would be classifying the second day of rest as paid weekly rest.
"If I were reducing the scale from 6 to 1 to 5 to 2, but Saturday, the second day, was unpaid, I wouldn't have this effect of a 9.1% salary increase," he explained.
The third point would be the express prohibition in the PEC on the proportional reduction of salary, which would prevent the employer from adjusting the amount paid to absorb the new costs.
The judge detailed that the total cost of almost 18.2% would be made up of two installments of 9.1% each. The first would result from the loss of working time, with the reduction in weekly working hours from 44 to 40 hours.
The second would result from the addition of the new paid weekly rest. "Adding the two together, we will have an average of 18.2% due to the legal architecture behind the PEC", said Calvet.
Impact of the CLT and TST precedents
Calvet explained that Law 605 of 1949, which deals with paid weekly rest, establishes that each rest corresponds to one day of work. With the PEC, this day would go from 7 hours and 20 minutes - the current average - to 8 hours, increasing the value of rest.
In addition, article 64 of the CLT determines that the monthly salary must be calculated by the value of one day multiplied by 30. "Today it is 7.33 multiplied by 30. Now it will be 8 hours multiplied by 30", he stated.
The judge also highlighted that this interpretation of article 64 of the CLT has already been pacified by the Superior Labor Court in two binding precedents, numbers 2 and 260. "The Labor Court cannot even judge otherwise", he warned.
For Calvet, the original intention of the PEC would be to repeat what happened in 1988, reducing working time without changing salaries. "What people forgot is that the PEC doesn't just reduce work. It reduces work and increases another labor right, which is more paid weekly rest. That's why the remuneration grows", he concluded.
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Source: CNN