|
Since the labor reform was enacted have been annulled by the judges. 9 were classified as inappropriate and 31 as appropriate. Aurelio Toothless affirms that, contrary to the majority opinion, there has been an increase in the cost of collective dismissal. In this sense, the magistrate cites the following costs: Complementary social measures. 20 day compensation. Relocation plan. Special agreement. Payment to the Treasury.
The legitimacy of the causes of challenge is also emphasized. In addition, the judge relates the following factors as contributors to these court challenges to the legislator: Establishment of nullity due to formal errors, which had already been moible number data suppressed in other types of dismissal. Reinstatement, by the legislator, of the figure of fraudulent dismissal, which had already been dismissed by the Supreme Court. Business neglect. Especially in the early stages of the labor reform.

Strictness of the sentences in relation to formal errors. Ultimately, Aurelio Toothless asserted that, sometimes, the number of dismissals with which the process begins isunknown, an issue that he compared to blind man's game. In another order of things, the courts have also amended the changes that the labor reform introduced in the validity of the ultraactivity of the agreements . It is about the context caused by the expiration of an agreement.
|
|