Lei 5.811/72: uma análise das suas injustiças e ineficiências e dos ajustes possíveis

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2010-06

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Migliora, Luiz Guilherme Moraes Rego

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This paper analyzes the inefficiencies and injustices of Law 5.811/72, which has come to govern the activities carried out by workers in the oil industry in general, including those in offshore rigs, differentiating the system of alternating shifts from the on call system and featuring all the benefits inherent of these activities. With the purpose of discussing the costs of the work performed under law 5811/72, this paper presents a comparative analysis of costs involving workers who are regulated by the law 5.811/72 and workers governed by the CLT, proposing the creation of a new bill of law with possible adjustments to some of these costs, seen as unjust and a regulatory standard to bring effective and efficient means of controlling the system. With the purpose of avoiding inequities in the application of the law, this paper suggests the addition of rights to workers as and even to employers, to reach a more fair and equitable work system.

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