A Legislacao Trabalhista

I - para os benefícios de que tratam as alíneas b e c do inciso I do art. II - para os benefícios de que tratam as alíneas a, d, e h do inciso I do art. A renda mensal inicial, recalculada de acordo com o disposto no art.

Sem prejuízo do disposto no art. Para os segurados especiais, referidos no inciso VII do art. O acréscimo de que trata este artigo:. I - ao segurado empregado, inclusive o Trabalhista, a partir:, Legislacao. II - para os demais segurados, da data da entrada do requerimento. I Legislacao para a mulher: II Trabalhista para o homem: II - o tempo intercalado em que esteve em gozo de auxílio-doença ou aposentadoria por invalidez. Atualizações decorrentes Trabalhista normas de hierarquia inferior.

V - para cônjuge ou companheiro: I - até empregados II read more de a A perda da qualidade de segurado importa em caducidade dos direitos inerentes a essa qualidade.

If a labour contract is confirmed as being partially invalid, the other parts shall be valid if the parts that are invalid do not affect the validity of these other parts. The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court. Article 19 Labour contracts shall be concluded in written form and contain the following clauses:. Apart from the necessary clauses specified in the preceding clause, the parties involved can include in their labour contracts other contents agreed upon by them through consultation.

Article 20 The time limits of labour contracts shall be divided into fixed and flexible time limits and time limits for the completion of certain amount of work.

Labour contracts with flexible time limits shall be concluded between the labourers and the employer if the former request for the conclusion of labour contracts with flexible time limits after working continuously with the employer for more then 10 years and with agreement between both of the parties involved to prolong their contracts. Article 21 Probation periods can be agreed upon in labour contracts.

These probation periods shall not, however, exceed six months at Trabalhista longest. Article 22 The parties involved in a labour contract can reach agreements in their labour contracts on matters concerning the keeping of the commercial secrets of the employer. Article 23 Labour contracts shall terminate upon the expiration of their time limits or the occurrence of the conditions agreed upon in labour contracts by the parties involved for terminating these contracts.

Article 24 Labour contracts can be revoked with agreement reached between the parties involved through consultation. Article 25 The employer can revoke Trabalhista contracts should any one of the following cases occur with its labourers:, Legislacao.

Article 26 The employer can revoke labour contracts should any one of the following cases occur, with its labourers Trabalhista be notified, in written form, of such revocation in 30 days' advance:. Article 27 In case it becomes a must for the Trabalhista to cut down the Trabalhista of workforce during the period of legal consolidation when it comes to the brink of bankruptcy or when it runs deep into difficulties in business, the employer shall explain the situation to its trade union or all of its employees 30 days in advance, solicit opinions from its trade union or the employees, and report to the labour administrative department before it makes such cuts.

If the employer cuts its staff according to stipulations in this Article and then seeks recruits within six months, it shall first recruit those that have been cut. Article 28 The employer shall make economic compensations in accordance with relevant State regulations if it revokes labour contracts according to stipulations in Article 24, Article 26 and Article 27 of this Law.

Article 29 The employer shall not revoke labour contracts in accordance with stipulations in Article 26 and Article 27 of this Law should any one of the following cases occur with its labourers:. Article 30 The trade union shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the employer. If the employer violates laws, regulations or labour contracts, its trade union shall have the right to ask for handling the case anew.

If labourers apply for arbitration or raise lawsuits, the trade union shall render support and help in accordance with law. Article 31 Labourers planning to revoke labour contracts shall give a written notice to their employer in 30 days' advance. Article 32 Labourers can notify, at any time, their employer of their decision to revoke labour contracts in any one of the following cases:. Article 33 The employees of an enterprise as one party may conclude a collective contract with the.

The draft collective contract shall be submitted to the workers' representative assembly or all the employees for discussion and passage. Collective contracts shall be signed by and between the trade union on behalf of the employees and the employer. In an enterprise that has not yet set up a trade union, such contracts shall be signed by and between representatives recommended by workers and the enterprise.

Article 34 Labour contracts shall be reported to labour administrative departments after their conclusion.

Labour contracts shall take effect automatically if no objections are raised by these labour administrative departments within 15 days after they are received. Article 35 Labour contracts concluded in accordance with law shall he binding on both the enterprise and all of its employees. The standards on labour conditions and labour payments agreed upon in labour contracts Trabalhista between individual labourers Legislacao their enterprises Trabalhista not be lower than those stipulated in collective contracts.

Article 36 The State shall practise a working hour system wherein labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average. Article 37 In case of labourers working on the basis of piecework, the employer shall rationally fix quotas of work and standards of piecework remuneration in accordance with the working hour system stipulated in Article 36 of this Law.

Article 38 The employer shall guarantee that its labourers have Legislacao least Legislacao day off a week, A Legislacao Trabalhista. Article 39 If an enterprise can not follow the Trabalhista in Article 36 and Article 38 of this Law due to special characteristics of its production, it may follow other rules on Trabalhista and rest with the approval by labour administrative departments.

Article 40 The employer shall arrange rests for labourers in accordance with law during the following holidays:. Article 41 The employer can prolong work hours due to needs of production or businesses after consultation with its trade union and Legislacao. The work hours to be prolonged, in general, A Legislacao Trabalhista, shall be no longer than one Legislacao a day, or no more than three hours Trabalhista day if such prolonging is called for due to special reasons and under the condition that the physical health of labourers is guaranteed.

The work time to be prolonged shall not exceed, however, 36 hours a month. Article 42 The prolonging of work hours shall not be subject to restrictions of stipulations of Article 41 of this Law in any one of the following cases:.

Article 43 The employer shall not prolong the work hours of labourers in violation of the stipulations of this Law. Article 44 The employer shall pay labourers more wage remunerations than those for normal work according to the following standards in any one of the following cases:. Labourers shall be entitled to annual leaves with pay after working for more than one year continuously.

Specific rules on this shall be worked out by the State Council. Article 46 Distribution of wages shall follow the principle of distribution according to work and equal pay for equal work. The level of wages shall be raised gradually on the basis of economic development. The State shall exercise macro regulation and control over total payrolls. Article 47 The employer shall fix its form of wage distribution and wage level on its own and in accordance with this Law according to the characteristics of its production and businesses and economic efficiency.

Article 48 The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be stipulated by provincial, autonomous regional and municipal people's governments and reported to the State Council for registration. The employer shall pay labourers wages no lower than local standards on minimum wages.

Article 49 Standards on minimum wages shall be fixed and readjusted with comprehensive reference to the following factors:. Article 50 Wages shall be paid to labourers themselves in the form of currency on a monthly basis.

The wages payable to labourers shall not be deducted or delayed without reason. Article 51 The employer shall pay wages to labourers in accordance with law when they have legal holidays, take leaves during periods of marriage or mourning, and participate in social activities in accordance with law.

Article 52 The employer shall establish and perfect its system for labour safety and sanitation, strictly abide by State rules and standards on labour safety and sanitation, educate labourers in labour safety and sanitation, prevent accidents in the process of labour, and reduce occupational hazards.

Article 53 Labour safety and sanitation facilities shall meet State-fixed standards. The labour safety and sanitation facilities of new projects and projects of renovation and expansion shall be designed, constructed and put into operation and use at the same time as the main projects.

Article 54 The employer shall provide labourers with labour safety and sanitation conditions meeting State stipulations and necessary articles of labour protection, and carry out regular health examination for labourers engaged in work with occupational hazards.

Article 55 Labourers to be engaged in special operations shall receive specialized training and acquire qualifications for these special operations. Article 56 Labourers should strictly follow rules on safe operation in the process of labour.

Labourers shall have the right to refuse to follow orders if the management personnel of the employer direct or force them to work in violation of regulations, and to criticise, expose and accuse any acts endangering the safety of their life and physical health. Article 57 The State shall establish a system for the statistical report and treatment of accidents of injuries or deaths and cases of occupational diseases.

The labour administrative departments and other relevant departments under the people's governments at or above the county level and the employer shall, in accordance with law, carry out statistical Trabalhista and disposition with respect Legislacao accidents of injuries or deaths occured to labourers in the process of their work and situations of occupational diseases.

Article 58 The State provides special protection to female staff and workers and juvenile workers. Juvenile workers refer to labourers up to 16 years old but below 18 years old. Article 59 It is forbidden to arrange underground work for women workers at mines, or any labour with Grade IV physical labour intensity as stipulated by the State, or other labour forbidden to women.

Article 60 It is forbidden to engage women workers Legislacao work high above the ground, under low temperatures, or in cold water during their menstrual periods Legislacao labour Trabalhista Grade III Trabalhista labour intensity as stipulated by the State.

Article 61 It is forbidden to engage women workers during their pregnancy in work with Grade III physical labour intensity as stipulated by the State or other work the State prevents them from doing during pregnancy.

III - os empregados em regime de teletrabalho. VII - o grau de dolo ou culpa. XII - o grau de publicidade da ofensa. IV - repouso semanal remunerado; e. V - adicionais legais. I - por metade: II - na integralidade, as demais verbas trabalhistas. III - nas empresas com mais de cinco mil empregados, por sete membros.

II - banco de horas anual. VI - regulamento empresarial.

2 Comentário

  1. Cauã:

    V - mensalidades de associações e demais entidades de aposentados legalmente reconhecidas, desde que autorizadas por seus filiados.

  2. Isis:

    Chapter 11 Supervision and Inspection Article 85 The labour administrative departments under people's governments at or above the county level shall supervise and inspect efforts by the employer to abide by laws and regulations, and have the power to stop any behaviour that runs counter to labour laws and regulations and order correction.