The Consolidation of Labor Laws (CLT) is the labor law of Brazil. It includes the rules that regulate labor relations between the employer and employees.
The CLT defines the rights and duties of both the employer and the employee. The norms refer to labor relations and also to the rules of labor proceedings in court.
The CLT rules are valid for individual employment relationships and collective relationships. Likewise, they protect both urban and rural workers.
How the Consolidation of Labor Laws came about
The CLT exists since the year 1943. It was approved by Decree-law nº 5.452/43, during the government of President Getúlio Vargas.
The emergence of the CLT is somewhat different from other laws in that it has not gone through a common legislative process. At the time, the existing legislation on Labor Law was brought together. It was for this reason that the law was called Consolidation.
As time went by and, according to the needs and changes in labor relations, the rules were being updated and others have been included to increase the protection of labor relations and the rights of employees. workers.
Main issues dealt with in the Consolidation of Labor Laws
Some of the main subjects that are regulated in the CLT are:
- signature of the work card,
- dismissal for cause;
- rules on signature, deadlines, change and termination of employment contracts,
- maximum working day of 8 hours a day,
- overtime, which can be 2 per day,
- concept of day and night work,
- early warning,
- guarantee of the right to strike,
- stability at work,
- payment of additional payments such as unhealthy conditions and hazardous conditions,
- guaranteed vacation, weekly rest and breaks,
- payment of the third vacation value, before the start of the period,
- protection of women's work and maternity leave,
- collective labor agreements,
- rights of domestic workers.
In addition to these rights that are related to the worker's guarantees, the CLT also defines rules on:
- union organization,
- functioning of the Labor Court and the Public Ministry of Labor.
worker protection
One of the CLT's objectives is to protect the worker, based on the principle of protection. This principle serves to reduce the unequal power relationship that exists between the worker and his employer.
Mainly in reference to the relationship of subordination that exists and the economic dependence of the employment relationship.
Labor Reform
The 2017 Labor Reform made some changes to the Consolidation of Labor Laws. Here are some of the most important ones:
- One of the main differences is that there is now a rule known as "agreed on the legislated". This means that the employer and the employee can make arrangements according to their needs, in relation to working hours, breaks and remuneration, for example. Under the new rule, the agreement prevails over what is provided for in the CLT.
- THE working day allowed has been increased from 8 hours a day to up to 12 hours, provided that 36 hours of rest is then granted. Lunch break times can also be shortened. Before the Reformation, the hours were 1 to 2 hours, currently it can be 30 minutes.
- Another change is that the worker's commuting time between his home and the workplace was computed as a working day. After the Reformation this rule ceased to exist.
- Now the vacation can be enjoyed in up to three periods, one of them being at least 14 days and the others at least 5 days each.
See also the meanings of workday and Early warning.