O fenômeno recente da migração de brasileiros para o exterior e o âmbito de aplicação da Lei Mendes Junior
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Data
2011
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Migliora, Luiz Guilherme Moraes Rego
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The process of globalization and the cross-border movement of manpower led to the enactment of Law 7064/1982 ('Mendes Junior') responsible for regulating the rights of workers who are temporarily transferred abroad. The law guarantees for those employees transferred to other countries the payment of FGTS and Social Security, as well as other rights provided for therein . However, this legislation enacted in 1982 became outdated and ineffective in the face of new labor relationships that have developed . This paper has the purpose of analyzing the scope of the Mendes Junior Act considering a case study, where the employee is transferred permanently to a foreign country and because of this transfer, had his employment agreement with the Brazilian company terminated and was hired by a foreign company (that is a member of that same economic group as his original employer). Through a systematic analysis of the provisions of the law, it is noteworthy that the Mendes Junior Act was introduced to protect employees who were transferred abroad expecting to return to Brazil. The interpretation of the law confirms that the legislation was not created to govern the permanent transfers. Finally, this paper formulates a legislative proposal to resolve the gap identified in the law.