LABOR LAW - PRINCIPLES

http://arleciojr.blogspot.com/2014/03/labor-law-principles.html
At first, you need understand that the principles of Labor law are presents in the "Labor
Law Consolidation" - LLC, known from Brazil like CLT. The way to exercise this right is
across the legal process witch can be found in Civil Process Right - CPR - CPC in the
Brazil.
Other important concepts e abreviations:
a) Higher Labour Court - HLC: final court of appeal;
b) SID - Section of Individual Dissension Higher Labor Court.

1 - Principle of protection:
Renato Saraiva maintains that "the principle of protection without doubt the greatest
breadth and depth of the Labor Law, of giving to the weaker of the employment
relationship - the employee - a legal superiority able to guarantee you rights
mechanisms to protect minimum stamped on labor legislation." (Labor Law, Renato
Saraiva, p.32, 2008). Therefore, the principle of protection is intended to protect the
worker, a disadvantage in the employment relationship, guaranteeing minimum
rights under the labor laws.
2 - Principle of in dubio pro operario:
This principle is an offshoot of the principle of protection, being an adaptation of the
Labor Law in dubio pro defendant principle (in doubt to the indictee), this
predominant in Criminal Law.
Existing doubt the judge's work in applying the law, he should interpret the rule in
favor of the employee, a disadvantage of the employment relationship, which is why
he is confused with the principle of more favorable rule.
The principle in question does not apply to probationary field because it is for the
author the burden of proof as to the fact constitutive of the right, leaving the
defendant to prove the fact amending, extinguishing or impediment of the author,
arts. intelligence LLC 818 and 333 of the CPR, but let's see: Article 818/LLC. The
proof lies on the party claims that do. Article 333/CPR. The onus of proof: I - the
author, as to the fact of its constitutive law; II - to the defendant, as to whether in
fact detracts, amending or extinguishing of the author.
3 - Principle of the most favorable condition:
This principle derives from the principle of protection.
It ensures the preservation of more advantageous to the employee contractual terms
relating to the theory of the acquired right, this forecast with the art.5, XXXVI, of the

Federal Constitution FC - of 1988, written below: Article 5, XXXVI/CF/88: the law

does not injure the vested right, the perfect juridical act and the res judicata.
On the subject, the summaries include 51, I, and 288 of the HLC: Precedent 51.
Regulatory standard. Advantages and options for the new regulation. Article 468 of
the Labor Code.
I - The regulatory provisions, to revoke or amend advantages previously deferred,
will only reach employees hired after the repeal or amendment of the regulation.
II - In case the coexistence of two regulations of the company, the employee's option
for them has legal effect of waiving the rules of another system. Precedent 288.
Complementation of retirement benefits. The completion of the proceeds of
retirement is governed by the rules in force on the date of admission employee,
observing the condition that the recipient of more favorable law amended.
4 - Principle of a more lenient standard:
It also follows from the principle of protection and is applied regardless of the
hierarchical position of the standard. Its the principle of the most favorable rule to
the employee, according to which, with two or more standards on the same subject,
will be applied in this case, the more beneficial to the worker (Introduction to Labor
Law, Amauri Mascaro Birth, LTR, p.111, 2012). About the principle in question, Art.
620 CLT supports the application of more favorable to the worker norm, see: Article
620.
The conditions laid down in the Convention, when more favorable, prevail over those
stipulated in the Agreement. Importantly, though, that the principle of the most
favorable rule operates in the design, prioritization and interpretation of legal rules.
Finally, it relates to the principle under discussion collective norm interpretation
theory, which constitutes the application of the legal instrument, as a whole, is more
favorable to the employee.
5 - Principle of primacy of reality:
The principle of the primacy of reality, the operator of the law should take into
consideration the real truth (the intention of the parties), the formal truth or
documentary.
6 - Principle of the imperative nature of labor standards:
The principles of imperative nature of labor standards, Mauricio Godinho Delgado
sustain that "prevailing restriction on freedom of choice in the labor contract, as
opposed to civil guideline sovereignty of the parties to adjust the contract conditions.
This restriction is regarded as an effective instrument fundamental guarantee for the
worker, given the power imbalance inherent in the employment contract. "(Course in
Labor Law, Mauricio Godinho Delgado, LTr, p.196, 2012).

7 - Principle of wage Irreducibility:

This principle has on character, on account of section VI, art.7, FC/88, which states
that law is to the urban or rural worker irreducibility of salary, except as provided in
collective agreement or covenant worker.
Important we deploy the Jurisprudential Orientation 358 SDI HLC provides as follows:
358. Proportional to the minimum wage and minimum wage reduced journey.
Possibility. Having hiring to meet the reduced journey below the constitutional
provision for eight hours a day or forty-four times a week is it lawful to pay the
minimum wage or proportional to the time worked minimum wage. It should be
emphasized that the wage irreducibility is the rule, inobstante the possibility of
temporary salary reduction through collective norm.
8 - Principle of continuity of employment:
This principle is the rule that contracts must be agreed for an indefinite period, with
the aim of integrating the employee to the company's structure, causing higher labor
rights and social worker's statement.
The principle of continuity of employment is intended to preserve the employment
contract, so that there is a presumption that this is for an indefinite period, allowing
you to hiring a certain period only as an exception.