Garantia provisória convencional de emprego pré-aposentadoria

Abstract

This paper addresses the issue of job security. It's a hard-earned benefit for workers over the years. In this way, it is very important that society is aware of the characteristics, the consequences for both employees and employers, the types and mechanisms of this instrument of social transformation so that one can effectively fight to maintain and / or expand this type of conquest within companies. The general object was drawn on the study of the guarantee of employment in labor law, in order to correctly identify the whole phenomenon and its implications. Specifically, collective bargaining, union participation, conflict resolution methods and the social consequences of the pre-retirement guarantee were analyzed. The research was carried out from bibliographical, legislative and jurisprudential sources. The initial part deals with the fundamentals of job security and the evolution of it. Then, the study of the concepts, the difference between the guarantee of employment and stability, the classification of this guarantee and the types of this benefit begins. Then, it is analyzed in more detail the provisional guarantee of employment, collective bargaining as a way of obtaining it, the importance of the union in this process, the techniques employed in this negotiation and the collective instruments that it generates. Finally, it is exposed the guarantee of conventional employment, its most common types, to reach the pre-retirement guarantee, its characteristics, its importance in the current national context and the abundant jurisprudence on the subject. Drawing up a debate on labor legislation, especially Law No. 13467/17, which dealt with the labor reform, where it promoted a real turnaround in points such as teleworking, intermittent work, and especially with the end of the union tax, which completely changed the way trade unions were filled.