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MPT DÁ PARECER FAVORÁVEL: MATERNIDADE VICTOR DO AMARAL DEVE SER REPRESENTADA PELO SINDITEST-PR

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By on Geral, Informe Jurídico

A livre organização dos trabalhadores é uma questão fundamental para que a classe trabalhadora possua atuar efetivamente em defesa de seus direitos. No entanto, esse direito elementar é negado aos trabalhadores da Maternidade Victor Ferreira do Amaral. Mesmo depois que a Maternidade transformou-se em uma unidade da UFPR, tanto o Reitor Zaki Akel Sobrinho, quanto a FUNPAR, negaram sistematicamente a opção legítima e legal desses trabalhadores para que fossem representados pelo SINDITEST-PR.

Isso levou a que o SINDITEST-PR ingressasse com uma ação de representação sindical para a representação da Maternidade Victor do Amaral.

Recentemente o Ministério Público do Trabalho emitiu um parecer favorável a que o SINDITEST-PR seja o representante dos trabalhadores da Maternidade:

“(…) No caso em tela, o direito à livre escolha sindical pleiteado pelos funcionários da FUNPAR e que prestam serviços na Maternidade Victor Ferreira do Amaral, descrito pelo autor às fls. 10, foi fundamentado no fato do SINDESC atuar de forma deficitária, e pela nova configuração que obteve a MVFA a partir da resolução 19/09 – COPLAD/UFPR, no qual, como hospital/escola, os trabalhadores FUNPAR/MFVA se sentiam em igualdade de direitos com os trabalhadores FUNPAR/HC. 

Desta forma, o Ministério Público do Trabalho entende pela liberdade dos funcionários da Maternidade Victor Ferreira do Amaral para que escolham aquele sindicato que melhor os represente. 

DA LEGITIMIDADE SINDICAL  

É notório na exordial dos presentes autos que a diferença entre ambos os sindicatos se encontra em sua especialidade. Com efeito, o sindicato autor, SINDITEST, é focado na defesa dos trabalhadores que prestam serviços em instituições de ensino do terceiro grau público, englobando, inclusive, os funcionários que exercem suas atividades no Hospital de Clinicas de Curitiba, Hospital-Escola da Universidade Federal do Paraná -UFPR.

Tautocróno, o sindicato réu, SINDESC, é mais amplo no seu exercício, defendendo os trabalhadores dos estabelecimentos de serviço de saúde da cidade de Curitiba, isto é, também englobando os funcionários que laboram em hospitais.  (…)

Mais à frente em seu parecer a Procuradora do Trabalho VANESSA KASECKER BOZZA afirma, ainda, ser aberrante o tratamento diferente entre os trabalhadores da Maternidade Victor do Amaral e do Hospital de Clínicas, ambos hospitais-escola da UFPR:

“(…) Destarte, seria da mais clara lógica afirmar que a Maternidade Victor Ferreira do Amaral é um hospital-escola vinculado ao Hospital das Clinicas, e que, naturalmente os trabalhadores de ambas as instituições estariam em igualdade de condições, resultando aberrante qualquer tipo de distinção. (…)”

Essa posição é a mesma defendida pelo SINDITEST-PR, afinal, é impensável trabalhadores que prestam serviços para o mesmo empregador, submetidos às mesmas condições de trabalho, receberem salário desigual e tratamento diferente.
Por fim, defende a Procuradora do Trabalho em seu parecer:

“(…) No presente caso, faz-se evidente a necessidade de analisar o enquadramento sindical superando a mera formalidade documental, dando maior foco às condições e atividades que de fato os trabalhadores da Maternidade Victor Ferreira do Amaral fazem. 

CONCLUSÃO

Posto isso, com base na documentação apresentada até o presente momento nos autos do processo em epígrafe, e nos entendimentos mais modernos da doutrina e jurisprudência trabalhista nacional em matéria sindical, tem-se por legítimo representante da categoria profissional que presta serviços na Maternidade Victor Ferreira do Amaral o Sindicato Dos Trabalhadores em Educação do Terceiro Grau Público – SINDITEST/PR.

É o parecer.
Curitiba, 26 de março de 2015.
VANESSA KASECKER BOZZA
Procuradora do Trabalho

Acesse AQUI o parecer na íntegra!

A posição adotada pelo Ministério Público do Trabalho reforça o entendimento do SINDITEST-PR sobre a necessidade de que passe a representar, imediatamente, os trabalhadores da Maternidade Victor Ferreira do Amaral.

O processo  irá a julgamento no dia 10 de abril e, caso, os trabalhadores vençam essa demanda para que sejam representados por um sindicato não atrelado ao governo e aos patrões, será dado um passo a mais na organização sindical na UFPR. Isso trará implicações imediatas, como o direito à negociação coletiva, conjuntamente com os trabalhadores do HC e também o direito de verem igualizadas suas condições de trabalho e salários com esses trabalhadores.

Avanilson Araújo
Assessoria Jurídica – SINDITEST-PR

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