01/03/2013
Brizola Neto announces new rules for the granting of trade union registration Autor: http://portal.mte.gov.br
The Minister of Labour and Employment, Brizola Neto, announced on Tuesday (26) new rules for creation and registration of trade unions of workers and employers. After a long discussion with the unions and employer confederations, the minister said the MTE will toughen rules for creating new unions and divide bases.
"The new ordinance is a response to the union movement and will give more speed, more transparency, more control and seek to ensure the legitimacy of the claims record of union", said the minister.
According Brizola Neto, are about 2100 cases on record of unions registered in Distribution System Processes - SDP organ, all awaiting analysis, and many others, outside the system. "We will deploy a new RFP, ensure that the analysis in chronological order of registration applications or change union and at the same time ensuring the handling of the remaining phases of the process, with immediate distribution," he said.
According to Bureau of Labor Relations, the 4100 MTE processes in today, under the grant are being identified and completed. For this, procedures were adopted which increased the number of cases examined 90 per month for 150. The goal is to reach 250 in the coming months.
Hardening - Regarding the revision of standards, the ordinance was reissued registration of rural entities, with the adoption of appropriate rules for their regularization and orders regarding care union (ombudsman), distribution process and re-registration, adopting procedures to ensure more safety and legitimacy in the process.
It was also adopted digital certification for all requests to the National Register of Labor Unions - CNES, thus ensuring that only the legal representatives of entities can change their registration status. For both the MTE edited ordinance amending the procedures for re-registration of unions with new documentation requirements and procedures to ensure the regularization of really active entities besides setting deadline for regularization of associations with fewer than five members. When all were reported over 800 entities with union code without registration active at CNES.
Other measures to be regulated are the identification and qualification of the underwriters of notices and requirements - to prevent outsiders from changing the category or create unions; acts and statutes will have to be registered in the registry office, the identification and qualification of directors, including PIS and employer identification in the case of entities working - preventing outsiders to take part in its category leadership.
In addition, there will be more rigorous in cases of dismemberment and dissociation. The notice must explain the entity that is losing his base - will be allowed in these challenging cases, in case of conflict and in the absence of basic agreement between the entities, new assembly will be required for ratification of the creation of the entity. There will be a clearer definition of the procedures for examining applications and appeals, with technical criteria and prescribed by ordinance for approval or rejection of the record (replacing the term by granting approval, given that, with freedom of association, it is up to the ministry only register and ensure the uniqueness union), in case of conflict total base, will not be allowed to create the entity; posted the request and having valid objection, it is proposed mediation between the entities. The presence in the mediation will not be binding, but in the absence of agreement, SRT, completed the examination process, grant or refuse the request and challenge; eventual agreement will only be valid with the approval of the assembly and will also be required for approval of the assembly withdrawal of an application or appeal.
An important point highlighted by the minister is the importance given to the National Labour Council who will be involved in defining new categories, ie, when the call for union give rise doubt, the Ministry will forward that query to the CRT through the chamber bipartite of workers or employers, will issue a recommendation.
Under the new rules, the Board charged the Ministry transparency and clear criteria in the management of CNES, with clear definition of procedures for merger, suspension and cancellation of union registration. "Everything will be forwarded to the NTC, which is a representative body of the class union," said the minister.
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