O programa de compliance aplicado às relações de trabalho

Abstract

The application of a compliance program in labor relations is analyzed, as well as the impact that this program generates in the relation between employee and employer and in the judicialization of labor conflicts. It is investigated how the program can prevent lawsuits and reduce labor risks. Firstly, an assessment is made of the origins of compliance and evolution of legislation in Brazil and in the world, as well as the legal and cultural changes arising from Law 12.846/13. It is studied the structure of a compliance program and its elements. Then, analyze the relationship between employee and employer, investigating the main conflitcs and the onus that a labor lawsuit entails for the employee, the employer and the State. Finally, investigate how the compliance program can be applied to the employment relationships and the benefits caused by it. In sum, it is concluded that labor compliance seeks to base labor relations on ethics, conformity, dignity of the human person and the valorization of the employee, building a balanced relationship that benefit companies, employee, State, the market and society, by creating a business and labor culture based on the principles of ethics and good faith, valuing companies that are honest, transparent and in compliance with the law.