Art. 477-A. Dispensa Coletiva
Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
Páginas | 74-75 |
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O art. 477-A foi mais uma inovação trazida pelo legislador:
"Art. 477-A. As dispensas imotivadas individuais, plúrimas ou co-letivas equiparam-se para todos os fins, não havendo necessidade de autorização prévia de entidade sindical ou de celebração de convenção coletiva ou acordo coletivo de trabalho para sua efetivação."
Por meio deste novo artigo, as dispensas plúrimas e coletivas são equiparadas à dispensa individual, ou seja, não necessitam de qualquer autorização
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para serem realizadas. Basta a vontade do empregador, não precisando de qualquer motivação para tanto.
Em que pese este dispositivo seja contrário à Convenção n. 158 da OIT, é importante destacar que não há inconstitucionalidade, já que esta não está mais ratificada pelo Brasil.
Além disso, o art. 7º, inciso I, da Constituição Federal4 carece de regulamentação, e ainda, entendemos que o aviso prévio já é uma forma de cumprir os preceitos do dispositivo constitucional.
[4] Art. 7º São direitos dos trabalhadores urbanos e rurais, além de outros que visem à melhoria de sua condição social: I relação de emprego...
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