Previsão de inaplicabilidade de normas coletivas ao empregado hipersuficiente: um desafio à tutela integral dos direitos do trabalhador

Abstract

This research proposes to do an analysis of the hypersufficient worker from the point of view of the exercise of the fundamental right of recognition of collective agreements and conventions in his employment contract. The research problem that was sought to be faced consists of the possible existence of limitations regarding the exercise of this right in view of the innovations brought about by the Labor Reform that categorized hypersufficiency under the terms of the sole paragraph of art. 444 of the CLT and collective norms that, considering the greater autonomy granted by the legislator, now provide for the inapplicability of their terms in relation to hypersufficient workers. The research was carried out using the essentially deductive method, with a literature review, documental and legislative analysis, as well as judicial decisions that addressed the topic. As a result of the analyses, it was possible to observe the existence of a limitation to the aforementioned fundamental right of this worker, suggesting that, in light of constitutional rights, the provision contained in the sole paragraph of art. 444 of the CLT must be interpreted allowing hypersufficient employees to be guaranteed the possibility of applying the collective norm, even if the negotiating instrument has a provision in a different sense.