Debatedores criticam PL 4330, das terceirizações, em audiência no Senado

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Para discutir os impactos do Projeto de Lei 4.330/04, que amplia a prática da terceirização de serviços a todas as atividades, inclusive nas vagas relacionadas à atividade-fim das empresas contratantes, a Comissão de Direitos Humanos e Legislação Participativa (CDH) do Senado Federal realizou uma audiência pública nesta segunda-feira (13). O projeto teve o texto-base recentemente aprovado pela Câmara dos Deputados, que deve votar durante esta semana as emendas do projeto, antes de ser enviada a votação no Senado Federal.

Entre os debatedores, esteve presente Antonio José de Barros Levenhagen, presidente do Tribunal Superior do Trabalho (TST). De acordo com Levenhagen, não há a possibilidade de aumentar a produtividade subtraindo os direitos dos trabalhadores. Ele deixou claro que enquanto o projeto não for sancionado, o TST continuará aplicando a Súmula 331 do Tribunal Superior do Trabalho, que só admite a terceirização na atividade-meio das empresas, como exemplo limpeza e segurança.

Helder Amorim, procurador do Ministério Público do Trabalho (MPT), disse que terceirizar a atividade finalista é inconstitucional. Ele explica que a terceirização atinge os direitos fundamentais dos trabalhadores como o direito a greve, acordos e convenções coletivas, reduz a remuneração dos trabalhadores e as contribuições para a Previdência, e ataca o direito de férias. Além de dispersar a organização sindical, de maneira proposital. “O pensamento capitalista hegemônico, neoliberal, da década de 90 veio com a finalidade de dispersar a organização sindical”. Amorim citou dados do Departamento Intersindical de Estatística e Estudos Socioeconômicos (Dieese) para assegurar que os trabalhadores terceirizados sofrem mais de adoecimento e acidentes no trabalho que os demais.

Precarização 

Lívia Arruda Marques, assessoria da direção técnica do Dieese, explicou que a terceirização veio para baratear a produção e deixar o mercado de trabalho cada vez mais informal. No Brasil, segundo ela, quase 30% dos trabalhadores são terceirizados e que esse número pode ser ainda maior por não levar em conta os trabalhadores do campo e os informais. A assessora do Diesse ressaltou que os terceirizados ganham 24,7% a menos na folha salarial, possuem uma jornada maior de trabalho e a taxa de rotatividade representa o dobro. Lívia ressaltou ainda as condições precárias em que muitos trabalham: quase a totalidade dos trabalhadores resgatados em condições análogas a escravidão são terceirizados. Ela citou também o caso das empresas que tornam precários dos direitos trabalhistas em caso de sumiço ou falência da empresa terceirizada. “É comum empresas não pagarem os direitos e depois sumirem. Acontece muito calote, o que compromete a aposentadoria dos trabalhadores”, contou.

Noemia Aparecida Porto, representante da Associação Nacional dos Magistrados da Justiça do Trabalho (Anamatra), disse que o Brasil é membro da Organização Internacional do Trabalho (OIT), e que o PL fere, portanto, a Convenção 181, em que assegura aos trabalhadores o direito a liberdade de associação, negociação coletiva, entre outras. “A aprovação do projeto iria contra o compromisso internacional e nacional, no caso, a Constituição Brasileira”. A juíza rebateu o argumento de que a adoção da terceirização para as atividades-fim gerará mais empregos. “Nenhuma lei é capaz de criar emprego, mas pode contribuir para a péssima condição de trabalho, com baixos salários, fragmentação do coletivo e baixa qualificação”. Ela chama a atenção também de como será definida a atividade fim e meio, o que não é fácil de decidir.

Luís Carlos Prates, o Mancha, representante da CSP-Conlutas, participou da segunda mesa da Audiência. Mancha afirmou que todas as intervenções feitas na audiência deixaram claro o quão nefasto é o projeto  das terceirizações. “Ele [projeto]significa aumentar o desemprego, reduzir salário, acabar com o serviço público, com a extinção dos concursos público, enfim, uma precarização cada vez maior no serviço dos trabalhadores. É preciso enfrentar essa situação”.

Para o representante da CSP-Conlutas, o projeto precisa ser arquivado. “Não existe condição nenhuma para negociar, pois ele é totalmente prejudicial aos trabalhadores. Não serão palavras e argumentos que convencerão o Congresso Nacional. Será necessária uma grande paralisação nacional, como a do dia 15 de abril, para reverter esse projeto e promover um debate muito grande com os trabalhadores, os mais prejudicados”, conclamou.

Dia Nacional de Paralisações contra a terceirização

Na quarta-feira (15) será realizado o Dia Nacional de Paralisações contra o PL 4330 e as demais medidas que retiram direitos dos trabalhadores. A CSP-Conlutas é uma das organizadoras da mobilização. O ANDES-SN, por meio da circular 81/2015, orienta suas seções sindicais a realizarem esforços para se incorporarem neste dia de paralisação, a partir dos seus fóruns de decisão.

*Imagem de Agência Senado

Fonte: ANDES-SN

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