When is CLT Applicable?

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When is CLT Applicable?
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The Consolidation of Labor Laws, known simply by CLT, is the most well-known law of labor law, but despite its name, it does not apply to any and all labor relations. As well?

What is a working relationship?

Work relationship includes any and all human work, whether paid or not, generally encompassing all services rendered to another person. The CLT only regulates a specific working relationship, called the employment or subordinate work, and even so, only the urban employment relationship. The employment relationship requires the provision of work done in a personal (irreplaceable), non-contingent, subordinate and remunerated manner. Missing any of these requirements may be work, but there will be no employment.

Urban employee x rural employee

The distinction between urban and rural employees is also important. The rural employee is the one who carries out an agro-economic activity, whether in agriculture or in livestock. Thus, the employee is not rural just because he works in rural areas. It is an activity that he exercises that will be decisive. The urban employee is one who is not rural. It is a reasoning to the contrary, for the diversity of urban activities, which can be industrial or services themselves.

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In short, both other types of employees and other workers fall outside the protection of CLT. But that does not mean they have nothing in their favor!

Domestic and rural employees are treated in specific legislation, clearly because of the peculiarities of these relationships. Other types of work, such as the autonomous, the voluntary, the occasional, the single port, for example, also have their own treatment.

And the self-employed?

The self-employed worker, a common figure in Brazilian cities, is a worker who provides services without subordination and sometimes even without personalities and eventually, as in the case of a freelancer. Thus, for him are valid the rules of the Civil Code on legal business, obligations and contracts.

It is good to note that what is valid for labor law are the facts of the service rendering for the characterization of the employment relationship or not. It is very common to refer to a mere provision of services as a relationship which, in reality, is employment, in order to avoid labor charges, such as hiring by means of PJs. Here is the famous phrase of Shakespeare in Romeo and Juliet: "If the rose had a different name, it would still have the same perfume. "

Other categories excluded from CLT

Another category of workers excluded from CLT are statutory public servants. Unlike public employees, for example, those working in state-owned enterprises such as Petrobras, BNDES and CEF, statutory servants have no employment relationship with the public entities in which they participate, being subject to the status of civil servants or military personnel , if applicable. Thus, the application of CLT does not make sense.

From what has been said, it may appear that the CLT would not have a broad scope, which is not the case. Let's just consider two facts:

a) The Brazilian population has been concentrated in cities since the 1970 decade;

b) The employee is only rural if his activity is considered rural, agro-economic, according to the law. Any kind of transformation of raw material beyond mere processing excludes the classification of rural employees. As an example, the servant in a sugar mill is not considered a rural employee, but rather an industrial worker, that is, an urban worker.

For the urban entrepreneur, the CLT is certainly the most important law. However, it is good to be aware that there are a number of other employment and work relationships that have specific treatment.

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3 COMMENTS

  1. Hi Ana, I would not know for sure, so I suggest you seek the contact with a professional specialized in labor law

  2. Who is a municipal bylaw then can not use a CLT article in their favor, if it is not also included in the Statute of Public Employees of the Municipality?!?!

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