NR-1: o empresário ainda pode cobrar produtividade? — Transcript
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- 0:00In fact, André, a new way of holding
- 0:02business owners hostage is being sold.
- 0:08In your opinion, what is the limit of
- 0:10what constitutes harassment? While you
- 0:13think you're having a feedback
- 0:15conversation, often the employee is
- 0:17recording you. There will be a lot of
- 0:20unemployment; many companies, many
- 0:22bakeries, already have robots. What I
- 0:24think is that the company needs to put
- 0:26the right people in the right place.
- 0:31Every business owner has already gone
- 0:33through or will go through a delicate
- 0:35situation. An employee starts producing
- 0:38less, loses engagement, impacts the
- 0:40team, and the manager is left unsure of
- 0:43how far they can push. Can the company
- 0:46demand productivity? How to
- 0:48differentiate low performance from a
- 0:50mental health problem? Where does
- 0:53legitimate pressure end and labor risk
- 0:56begin? And what changes with NR1 and
- 0:59the debate about psychosocial risks at
- 1:02work? Well, I'm André Pita, and you're
- 1:04listening to the Caterinfra podcast,
- 1:06your channel to stay up-to-date on news
- 1:08from the world of engineering and
- 1:10infrastructure. And to talk about this
- 1:12topic that affects companies of all
- 1:15sizes, I'm joined today by Dr. Samara
- 1:17da Souza e Maciel, a specialist in
- 1:19labor law, who will help us understand
- 1:22how business owners can protect their
- 1:24company and their team while
- 1:26simultaneously building a healthier and
- 1:29more productive environment. The first
- 1:35question is, can business owners still
- 1:38demand productivity? What do I mean by
- 1:40that? Regarding the issue of NR1, you
- 1:44could even explain beforehand what NR1
- 1:47actually is and how it relates to labor
- 1:51law. This is important because, at
- 1:53times, business owners are afraid to
- 1:54demand productivity when they are not
- 1:56properly prepared and covered by the
- 1:58terms of NR1. How does it work? Since
- 2:01it's very new, although NR1 was
- 2:03extended from last year to this year to
- 2:05allow companies to adapt,
- 2:07the truth is that nobody adapted to
- 2:10anything; they waited until May again
- 2:12to start implementing it. So, André,
- 2:14it's actually being sold as a new way
- 2:17to hold business owners hostage,
- 2:20because before we thought that
- 2:22employees were always mistreated at
- 2:25work, but the tables have turned, it
- 2:27seems, right? So, today's business
- 2:30owners are held hostage by their
- 2:32employees, so NR1 seems to be just
- 2:34another way to keep the business owner
- 2:36hostage. And who will be held hostage?
- 2:38Those who don't have legal counsel.
- 2:39That's the truth. Why? Because
- 2:41productivity can always be demanded, it
- 2:44always has been and always will be.
- 2:46What is not acceptable is setting
- 2:49unattainable goals. So, sometimes, the
- 2:53business owner just needs to have
- 2:55control, they just need to make clear
- 2:57what they want from the employee. And
- 3:00the employee has to deliver. Now, a
- 3:02hostile environment, an environment of
- 3:05humiliation, that can never be and
- 3:07never will be. So it's not NR1 that's
- 3:10bringing that about. It's always been
- 3:12like this; whenever an employee took a
- 3:15case of moral harassment, extortion, or
- 3:18humiliation to court, when they proved
- 3:21it, they always won. So NR1 didn't
- 3:23create this; it already existed. What's
- 3:26happening now is that the market is
- 3:30finding, in NR1, a way to even move
- 3:33financially. There are many companies
- 3:36that are selling this as if it were our
- 3:38new market destruction, that business
- 3:40owners will be condemned for everything
- 3:42. Isn't that true? A business owner
- 3:44needs legal counsel and needs to
- 3:46consult them on how far they can go,
- 3:48how they can proceed, establishing
- 3:50rules through a manual. Or, in the
- 3:53office, for example, we work with our
- 3:56clients on the company manual. And what
- 3:59does the company manual contain? There
- 4:00are rules: what you can, what you
- 4:01cannot. How can a sales department work
- 4:06without targets? It's impossible. Sales
- 4:08are driven by that. So, how am I going
- 4:11to establish these targets? So, the
- 4:13company just needs to be transparent
- 4:15with the employee, everything needs to
- 4:18be documented, but it's NR1 (Brazilian
- 4:20Regulatory Standard 1) and the employer
- 4:22can't demand productivity, that doesn't
- 4:25happen, because if it did, most
- 4:27companies would be better off closing
- 4:29down, because how are you going to sell
- 4:32if there's no accountability? It's
- 4:34necessary.
- 4:34Great. And in your opinion, what is the
- 4:37limit between accountability and
- 4:38harassment? Because I don't know if
- 4:41that's very clear, you know? Yeah, I
- 4:43think things are very subtle, you know?
- 4:45Exactly. It's a fine line. So, and
- 4:47nowadays, people have cell phones,
- 4:50today it's a weapon, right, in the
- 4:52hands of employees. So, while you're
- 4:55thinking you're having a feedback
- 4:57conversation, many times the employee
- 4:59is recording you. So, the employer, the
- 5:02manager, needs to have a limit of
- 5:04respect. So, from the moment you cross
- 5:07a line of, oh, you're stupid, you're
- 5:09incompetent, that can't happen and
- 5:11never can. Now, look at what the
- 5:14company expects from you, I expect you
- 5:16to deliver that. If he doesn't deliver,
- 5:19what measure should be taken? It
- 5:20depends. You might have to fire him, or
- 5:22you might have to apply a dismissal for
- 5:24just cause. Why didn't he deliver?
- 5:27Because it wasn't possible to deliver.
- 5:28It's one thing, oh, he didn't deliver
- 5:30because he was slacking off, he didn't
- 5:32deliver because he wants to be fired
- 5:34but doesn't want to resign. Then the
- 5:35company has to evaluate that and
- 5:37perhaps even apply a dismissal for just
- 5:39cause. Now, swearing, that's not
- 5:41allowed, right? Humiliating, belittling
- 5:43, that's not allowed. Now, demanding
- 5:45within the limits of the law is always
- 5:47allowed. Do
- 5:48you think it's possible to coexist with
- 5:50high performance and all these
- 5:52regulations and laws? Easy?
- 5:54I believe so, as long as the company
- 5:57has legal security. So, I am not able
- 6:00to start demanding things the way that
- 6:02I want to. So, what do I always suggest
- 6:05? I'll create a sales target. I even
- 6:08say, look, let's sit down and see how
- 6:10far we can go. And there we're going to
- 6:13structure a document so that the
- 6:15company has this document in hand and
- 6:17is secure. And the manager often,
- 6:19because the owner establishes it, let's
- 6:21say the company president says: "I want
- 6:23this." The manager will want to deliver
- 6:27because he's driven by results.
- 6:30How will he demand this from his team?
- 6:32We might have to establish some
- 6:35document, some training. So today we
- 6:37are thinking more about the fact that
- 6:40we need to train our managers so they
- 6:42are able to deliver results rather than
- 6:44effectively stopping. Because if I
- 6:47can't demand results, I can't work.
- 6:48And how does it work? Because,
- 6:50fundamentally, it's a matter of goals,
- 6:51I'm even saying this because here at
- 6:53CTER I also have productivity goals.
- 6:54Yes. But it's variable, it depends on
- 6:58the complexity. When you create a
- 7:00document, you don't just think, you
- 7:02don't think, "I'm going to create a
- 7:03document with goals, but sometimes the
- 7:05goal for one month will have to be
- 7:07higher than another, because last month
- 7:08I didn't do what was necessary," you
- 7:10understand? No, but I'm not saying you
- 7:12should create a specific document for
- 7:14that. Because if you create a document
- 7:17and then want to change it later, you
- 7:19end up being rigid. No, you need to
- 7:22establish a procedure. Now, the limit
- 7:24of how the goal will be established
- 7:26depends on the company, and the company
- 7:29needs to sell. So, it needs to
- 7:31establish the goal. What can't happen
- 7:34is for the employee, for example, I
- 7:36have a client who sells internet and
- 7:39has a ranking of salespeople, and he
- 7:42ends up rewarding the best salespeople.
- 7:45Can he present the worst salespeople at
- 7:48the meeting? He can't. What can he do?
- 7:51He can create a ranking. The top four
- 7:53salespeople are so-and-so because he's
- 7:54going to reward them. From the ones he
- 7:57doesn't reward downwards, he can't
- 7:59expose that. For example, at the sales
- 8:00meeting. He can't. Why? You'll create
- 8:03anxiety in the person who didn't sell
- 8:05anything. So that's exposure. That
- 8:09can't happen,
- 8:09man. But how am I going to deal with
- 8:11that? I don't understand.
- 8:12So you can call the person who's in
- 8:15last place and talk to them, but you
- 8:18can't, in a sales meeting, take a
- 8:20PowerPoint presentation and put up
- 8:24the ranking.
- 8:24The ranking of the last-placed person.
- 8:26You can put the ranking of the top
- 8:28performers, but you can't expose the
- 8:29last-placed person. The last-placed
- 8:32person has been there for 30 days, they
- 8:34haven't made a single sale, and in
- 8:36their mind, the exposure could lead
- 8:38them to take it to court and get
- 8:39compensation for moral damages. How
- 8:42much will it be? It depends on the
- 8:43judge. So that's the kind of care
- 8:45companies need to take.
- 8:47So I can, I can showcase the top
- 8:49performers. Absolutely. It's even a way
- 8:52to motivate the last-placed person to
- 8:54try to improve. Because if so-and-so
- 8:57sold 30 contracts and you sold one, are
- 9:00you having a problem? What problem are
- 9:02you having? But I can't put that in a
- 9:04meeting to expose that person to the
- 9:07whole company, for example. You can
- 9:09bring them in for feedback and
- 9:11introduce them to everyone and say: "
- 9:13Look, why did she get 30 and you didn't
- 9:15?" You can have that conversation.
- 9:18So that's an important point, because,
- 9:20deep down, sometimes you say: "Wow, but
- 9:21did that person do that in so much time
- 9:23?" Well, I believe that you can also
- 9:26accomplish this, but depending on how
- 9:27you choose to phrase it, the result may
- 9:29end up functioning differently. Exactly
- 9:31. It can really be a trap, a trap for
- 9:34the company. So, these are the
- 9:36precautions you'll need, because NR1
- 9:38deals with mental health, a standard
- 9:40that came about for that purpose, and
- 9:43in fact, this standard came about
- 9:45because the business owner who has an
- 9:47employee is being tied to this standard
- 9:49. But this standard came about because
- 9:52of the banks, as there's a lot of
- 9:53burnout, right, among bank employees,
- 9:55because the demands of the bank are
- 9:57really high, and also the employees,
- 9:59the banks were very dependent on the
- 10:01INSS (Brazilian Social Security
- 10:02Institute); the government didn't
- 10:04create this because of them, because
- 10:06there are many people. But what
- 10:07happened? All the business owners were
- 10:11parachuted in. And now the owner of a
- 10:14small shop who has an employee has to
- 10:16worry about NR1. He needs to have
- 10:18several care implementation processes
- 10:21there. So, how will he comply with NR1?
- 10:24We start thinking about it, and we even
- 10:26started thinking about it in the office
- 10:28, for example, because our activity,
- 10:30whether we like it or not, generates
- 10:32anxiety, because we work with deadlines
- 10:34, with pressure, it's a deadline, a
- 10:36deadline, and we live by deadlines,
- 10:37okay? So, what is my job, how is the
- 10:40employer, for example, going to think
- 10:43about organizing his company, okay?
- 10:45Because that's all it's for. NR1 is
- 10:47about that, what my activity generates
- 10:49in terms of anxiety for my employee and
- 10:52what I'm doing about it. For example,
- 10:54you have here, you have a space for
- 10:56them to play video games, you have a
- 10:58space for them to sit, watch TV, you
- 11:00have a coffee area. So let's think, the
- 11:02guy is here and he's under pressure
- 11:04because he needs to deliver a project,
- 11:06it's generating anxiety, right? Because
- 11:08now there's a wave of anxiety. So
- 11:11what is he going to do? He will, he
- 11:12will have, he has a space. So here, in
- 11:14a way, you already have NR1 (Brazilian
- 11:16Regulatory Standard 1), because you
- 11:17have a rest area. He can leave, he can
- 11:20sit down, he can breathe, he can have a
- 11:22moment for himself. In our case, we
- 11:25thought, okay, my work is going to
- 11:27generate anxiety due to the excessive
- 11:30demand because of deadlines. How am I
- 11:32going to solve this? We thought, then,
- 11:35we're going to have to hire someone to
- 11:38be like a helper, you know? To adjust
- 11:40the work. Today there's the 4.0
- 11:42adjustment, which are the judges who
- 11:44come to relieve the courts that are
- 11:46overloaded with cases. We thought, okay
- 11:48, let's create a support system in the
- 11:49office, I'll have to hire someone who
- 11:51will help everyone. So the civil lawyer
- 11:54is dealing with a high demand, and he
- 11:56is worried.
- 11:58Then he'll ask for help from this
- 12:00support person. So, in a way, we are
- 12:02going to have to hire a lawyer who
- 12:04understands all the different areas to
- 12:05assist us in every single one of them
- 12:07if it becomes necessary. So I'm already
- 12:09applying NR1 (Brazilian Regulatory
- 12:11Standard 1) when I do this, because I'm
- 12:13concerned about this anxiety. So
- 12:15companies really need to think about
- 12:17what their activity entails here, and
- 12:20how exactly they might be generating
- 12:22anxiety in their own employees
- 12:24throughout the process. They need to
- 12:27find a way to provide a space for them
- 12:29to have a moment of rest. Telemarketers
- 12:32need this, because they get yelled at,
- 12:34right? So many people call, they say, "
- 12:36I don't want to." What should
- 12:38telemarketers do? And in my analysis, I
- 12:41think they need to have a psychologist
- 12:45available, you know? And since it's a
- 12:48larger company, they need more support,
- 12:50or a dark room with some water running,
- 12:53you know? So the person can go there
- 12:55and say, "I just got yelled at by a
- 12:57customer, I need to breathe." So that's
- 12:59the situation the company is going
- 13:01through. Unfortunately, I'm not in
- 13:04favor of all this. I'm against it,
- 13:07because I think people today are
- 13:10generally anxious. Transferring this
- 13:13responsibility to companies, to me, is
- 13:15just another obligation that the state
- 13:18is imposing on businesses. So, instead
- 13:20of worrying about bringing wealth to
- 13:22Brazil, generating jobs, and everything
- 13:24else, we're now going to have to worry
- 13:26about not causing anxiety to anyone.
- 13:29Yes, this is a complicated point, and I
- 13:31say that our activity, despite being
- 13:33different, is similar in several
- 13:35aspects.
- 13:35Yes. Because you have your body of
- 13:38employees, and they ultimately have
- 13:41direct contact with the client, and the
- 13:43client, just like ours here, can
- 13:45generate pressure on them. How would
- 13:48that work in this case? Because, well,
- 13:49it's not the employee, right? It's
- 13:51not the employer, but it's the end
- 13:53customer. And the end customer arrives:
- 13:56"Hey, you have to send it by this date,
- 13:57it's over." And then what?
- 13:58Exactly. And that's where my "help"
- 14:01comes in, right? That's where this
- 14:03lawyer I'll have to bring to the team
- 14:05comes in. So I'll have to raise the
- 14:07price of my service, because since I'll
- 14:09have to increase my workforce, I might
- 14:11have to raise the price of my service
- 14:13so that I have someone to come and help
- 14:15that person when they're feeling
- 14:17pressured. Yes, that's the objective of
- 14:21NR1, that the work, like, maybe I'll
- 14:24even get canceled, as you're saying,
- 14:27but I see it as a problem for the
- 14:30employer, because if before everything
- 14:33was already considered moral damage,
- 14:36now it's even more so. And worse,
- 14:39before we had the burden of proof in
- 14:42labor law. So, what does that mean?
- 14:45Whoever alleges has to prove it, unless
- 14:47it's something documentary. So, in the
- 14:50history of labor law, we say: "Look, if
- 14:52an employee says they suffered
- 14:54workplace harassment, right, were
- 14:56insulted, they have to prove it. Now,
- 14:59when we bring in NR1 (Brazilian
- 15:01Regulatory Standard 1), when an
- 15:03employee says they suffered anxiety at
- 15:06work, that the work caused anxiety,
- 15:08nervousness, sadness, in short, worry,
- 15:11before they had to prove it. Now, with
- 15:14this new rule, the burden of proof is
- 15:16no longer on them. They claim they had
- 15:19anxiety, and I, the company, will have
- 15:20to prove that I didn't cause them
- 15:22anxiety. And that's where the problem
- 15:24arises. No, but why didn't I cause it?
- 15:25Because I had help. No, I didn't cause
- 15:27it because I had a video game. No, I
- 15:28didn't cause it because I had a
- 15:30psychologist available. I didn't cause
- 15:31it because when the client yelled at
- 15:33them, I, the company owner, went there
- 15:35and personally attended to the client.
- 15:37So, you see, in addition to the number
- 15:40of lawsuits we've had in recent years,
- 15:43because it was the highest number of
- 15:45lawsuits we've had, now we're going to
- 15:48have many more. There's that too."
- 15:50So, because, from what I'm seeing, it's
- 15:51a very subjective matter, right?
- 15:53Very subjective.
- 15:54Why? Because each person also has a
- 15:56threshold, right? A limit to their
- 15:59resilience. That's it. So some people
- 16:01have more, others less. So, and then it
- 16:03becomes objective. If the person says,
- 16:07"Oh, you put a lot of pressure on me
- 16:10and it went to court," then it depends.
- 16:13It's what I have to prove. The company
- 16:15will have to prove
- 16:16that it didn't do it.
- 16:18Before, it was the employee who had to
- 16:20prove it, now it's the contract. Now
- 16:21it's the opposite, it's the company
- 16:23that has to prove it. So, do you agree
- 16:25that companies will need lawyers even
- 16:28more? Why? Because those companies that
- 16:31would never have a lawsuit, they will
- 16:33start to have one, because people have
- 16:35the anxiety they already have. Everyone
- 16:38nowadays, society is anxious about
- 16:40everything. People get anxious about
- 16:43not touching their cell phones, I don't
- 16:44know, they're 5 minutes without looking
- 16:46at their cell phone, and they're
- 16:48already...Imagine now bringing that to
- 16:49the businessman. That's the...Okay. So,
- 16:52business owners need to be very
- 16:55cautious and also need a very good
- 16:58defense, because everything is
- 17:01jurisprudence, everything is internal
- 17:05precedent. So, let's think about it, a
- 17:07company that starts to receive
- 17:09convictions due to disrespect for NR1 (
- 17:11Brazilian Regulatory Standard 1), what
- 17:13will happen to it? There was a lawsuit,
- 17:15this employee will take this action and
- 17:18use it as a model in the next one, so
- 17:20it will be like borrowed evidence. So
- 17:22what happens? The idea is not to settle
- 17:26these cases. So for my clients, in
- 17:29cases where there haven't been any
- 17:31lawsuits in this sense yet, it has
- 17:32already emerged because it's still
- 17:34quite new, no, not yet,
- 17:35but there are already judges condemning
- 17:37, okay? A sentence was issued last week
- 17:39by a judge condemning based on NR1,
- 17:41but it's been so short a time.
- 17:43But the moral harassment lawsuit was
- 17:45filed before the law came into effect,
- 17:48but it was judged at this time and the
- 17:50judge has already interpreted and
- 17:52sentenced based on NR1, we already have
- 17:55it,
- 17:55but is that possible? If it was,
- 17:57then they will have to appeal. But then
- 17:59, what What's the problem? She
- 18:01sentenced me, you know, my head, my,
- 18:03you know, my sentence. And then the
- 18:06company will appeal, I believe they can
- 18:09overturn it, considering that the law
- 18:11has just come into effect. Uh-huh.
- 18:14But for them to appeal, they need to
- 18:16have money for the appeal deposit,
- 18:18because they have to pay either 6,700
- 18:20if it's a small business or 13,000 if
- 18:22it's not, you know, if it's not in that
- 18:25category, if it's a company outside the
- 18:27Simples Nacional (Simplified National
- 18:29Tax Regime). In that case, they need to
- 18:31have 13,000. In other words, to
- 18:34overturn this decision, they will have
- 18:36to have money. So, what do I think
- 18:38about NR1 (Regulatory Standard 1) and
- 18:40what is my advice to my clients? If a
- 18:43case reaches this level, we can't make
- 18:45a settlement and we have to prove
- 18:47otherwise and we have to have evidence
- 18:49to defend ourselves so that there is no
- 18:52conviction. Because if I make a
- 18:54settlement, I will, in a way, create an
- 18:57expectation in the other party. So,
- 19:00since they made a settlement, they will
- 19:01make one in mine. And if they lose,
- 19:03they will use it. This ruling is
- 19:04against them. It's like that unhealthy
- 19:06working conditions ruling. So-and-so
- 19:09passed the expert evaluation, it's
- 19:10positive. Okay, I'm going to use the
- 19:12same ruling, the same decision for mine
- 19:13, the same report. It's the same thing
- 19:16as NR1 (Brazilian Regulatory Standard 1
- 19:16). Companies need to defend themselves.
- 19:18So, in that sense, I'll even mention a
- 19:21practice we've been doing here at CTER:
- 19:24I'll have a meeting with a group, and
- 19:27we have an artificial intelligence tool
- 19:30, Aplaude, and I'll record the meeting,
- 19:33just like any other meetings. Even if
- 19:36it's a small one, or maybe even just
- 19:39feedback, it serves as proof. I say, "
- 19:42Look, here's my conversation." It
- 19:43certainly serves as proof. It's
- 19:46important. I think that's because what
- 19:49happens? You're already ahead, right?
- 19:54You're already ahead of many business
- 19:56owners, because most business owners or
- 19:59managers don't take the precaution of
- 20:01recording; they have a meeting, and the
- 20:03employee is actually recording it. So,
- 20:06without them knowing they're recording
- 20:08...Yes, it can, right? No, when one of
- 20:10the parties is recording, the other
- 20:12doesn't need to know. If they're
- 20:14participating in the conversation, the
- 20:15other doesn't need to, they don't need
- 20:16to warn that they're recording. So, the
- 20:17employer uses that recording, the
- 20:19employee uses that recording against
- 20:21the employer. So, what you're doing,
- 20:22you're already ahead, because you're
- 20:24gathering evidence in your favor. So,
- 20:26you're already recording and that
- 20:28recording of yours is possibly, and it
- 20:30can be used, it should be used in any
- 20:33situation.
- 20:33It's legal. So, in the end, this will
- 20:35eventually result in creating a giant
- 20:37database.
- 20:38For sure. We'll need a lot of memory,
- 20:40right? We'll need a lot of cloud
- 20:41storage.
- 20:43And, right? And in your perception, do
- 20:45you think that NR1 could cause a large
- 20:47labor liability, even greater than what
- 20:49we already have here in Brazil?
- 20:51For sure. We are currently coming from
- 20:55a period of increasing legal actions,
- 20:57but due to one of the inhibitors of
- 21:00labor processes, when the reform took
- 21:02effect in 2017, the number of labor
- 21:05lawsuits actually fell. They
- 21:07fell.
- 21:07Why? Because the employee would file a
- 21:09lawsuit asking for R $ 100,000 R $
- 21:111,000. And then he would win 10,000 in
- 21:14that process. He had a court-ordered
- 21:17payment that we call R $ 1,000. So he
- 21:19didn't take any money home. He'd win R
- 21:21$ 1,000 and lose it all to the company
- 21:23lawyer for the court-ordered fees,
- 21:24wouldn't he?
- 21:25So what happened? Many people stopped
- 21:28suing.
- 21:30Uh, in 2021, this article was ruled
- 21:33unconstitutional, so up to three
- 21:35minimum wages, right? If the person is
- 21:38declared poor, in short, there is no
- 21:40such conviction. What happened? The
- 21:42lawsuits returned. Then came the
- 21:44lawyers, right, doing uh advertising on
- 21:47the internet, right, capturing the
- 21:50famous leads. So today, the employee
- 21:53used to have to schedule a meeting with
- 21:56the lawyer, pay for a consultation, and
- 21:59then the lawyer would analyze his case.
- 22:02Today, no. Today you open TikTok,
- 22:04Instagram, and the lawyer appears. Oh,
- 22:07if you work in cleaning, you have the
- 22:09right to this. If the employee, the
- 22:10employer called Your attention, you
- 22:12have the right to sue. So, it's become
- 22:14a real business. And then the person is
- 22:17on the couch, I receive many lawsuits
- 22:18from my clients who come in and, to
- 22:20defend the power of attorney, the guy
- 22:22is sitting on the couch. So you see
- 22:25that the power of attorney was signed
- 22:27at 11 pm. So you see that clearly the
- 22:30person was served entirely online.
- 22:33There have been cases where the
- 22:35plaintiff, my client, called the former
- 22:38employee and said: "Wow, but you sued
- 22:41me, why did you do that?" He asked,
- 22:43right? He said: "But I didn't sue you,
- 22:45I just clicked on the link and in the
- 22:47end it ended up going through and he
- 22:49signed a document, it seems he didn't
- 22:51know." So, the internet has already
- 22:53brought this possibility of suing
- 22:56without going to the office, without
- 22:58paying anything. So it has increased
- 23:01with NR1. Now, the person wants to
- 23:03request, wants to leave the company,
- 23:04doesn't want to resign, he will invent
- 23:06any NR1 excuse and will file for
- 23:08indirect termination. So, it's going to
- 23:10explode, it's
- 23:11going to explode and it's going to make
- 23:12that company that doesn't have monthly
- 23:14legal counsel more expensive. Why?
- 23:16Because the lawsuit will arrive. What
- 23:18happens? When you hire someone, you
- 23:20have a health plan,
- 23:22you go and have the surgery through the
- 23:23plan, right?
- 23:25If you don't have the plan, you have to
- 23:26pay for the surgery privately, and
- 23:29what's going to happen? It's going to
- 23:30be more expensive. So, more and more,
- 23:32the business owner or the company,
- 23:34whether they have one employee or 1000
- 23:36employees, needs to have legal counsel;
- 23:38otherwise, they're going to have a
- 23:40really high labor liability, and when
- 23:42those liabilities arrive, the tendency
- 23:45is for them to have even higher costs
- 23:47because they'll have to hire a lawyer,
- 23:49they'll have to do a series of things.
- 23:51And NR1 applies to everyone, basically,
- 23:54to any simple company,
- 23:56with a CNPJ, R1, CNPJ. So it's
- 24:00complicated. You have 100 people.
- 24:02You're
- 24:02going to have work, huh? You're going
- 24:04to have work.
- 24:04We're going to have work. We're already
- 24:06seeing this because there's a real
- 24:07demand for consulting services. How am
- 24:09I going to adapt? So, uh, I'm sending a
- 24:12series of notices to clients. There's a
- 24:16law now that obliges companies to
- 24:19encourage employees to get routine
- 24:21checkups, prostate exams, breast exams,
- 24:23HPV exams. So there's a law that
- 24:26obliges, and
- 24:28encourages, or obliges, which is
- 24:29different,
- 24:29it obliges companies to publicize. So I
- 24:33need to put it on my bulletin board or
- 24:35my...
- 24:36you see? You're learning, you already
- 24:37know this.
- 24:39Yes, I've already sent the notices,
- 24:41okay? Yes, we're going to post them,
- 24:43and I'll even talk to Laila about this,
- 24:46because we need to have a bulletin
- 24:49board, whether it's a digital one,
- 24:51which some companies use today, there
- 24:53are communities, right, from the
- 24:55company itself, or an old-fashioned
- 24:57bulletin board, you know? And you have
- 24:59to post the notices. So, look, you need
- 25:01to...But we do it in a way...My
- 25:03communication, I made it in a way that
- 25:05fulfills the legal requirements, but I
- 25:07don't make it clear that the employee
- 25:08has to be absent to go to the doctor,
- 25:10because they already miss work for
- 25:12nothing. Imagine the company ordering
- 25:14them to be absent, right? Because the
- 25:15law mandates it. So, we made a
- 25:17communication that more complies with
- 25:19the regulations, but not so clearly.
- 25:21And then we send it to clients, there's
- 25:24another obligation now to have an
- 25:26internal reporting channel, so you need
- 25:29to have an email address and you need
- 25:31to publicize this. Similarly, put it on
- 25:34the bulletin board, saying, "If you
- 25:36have a problem with your manager, you
- 25:38have to post complaints@, for example,
- 25:41@catter," so there has to be someone
- 25:43accessing it. Some companies hire
- 25:45externally, but others have no problem
- 25:46with it being their own HR department.
- 25:49But it has to be a direct channel,
- 25:50because this channel aims for
- 25:51confidentiality, right? So, a reporting
- 25:54channel is needed so that people can
- 25:56report their manager, colleague, or
- 25:58anyone else, and their confidentiality
- 26:00is preserved. It also needs to be
- 26:03publicized. That's it. Another
- 26:05essential point is the company's
- 26:07obligation to monitor the INSS social
- 26:09security information. There are many
- 26:12companies with employees on leave and
- 26:14they don't know where they are. I have
- 26:17cases that I sent this to this week.
- 26:19What do I mean? The person...
- 26:21the person disappeared. I have a client
- 26:22who, I believe, currently has about 20
- 26:24people out on medical leave. So it's a
- 26:26large company, with more than 1000
- 26:27employees, so he has 20 people on leave
- 26:29. And so, I sent this communication: "
- 26:31Look, from now on we..." Because we
- 26:33were very dependent on the employee.
- 26:35They would leave, go to, and receive
- 26:37benefits, go to the INSS, and the
- 26:39company had to track them down to find
- 26:41out if the medical examination was
- 26:43granted or not. Today that's no longer
- 26:45necessary. The company has access to
- 26:47the INSS (Brazilian National Social
- 26:49Security Institute) company channel;
- 26:51you log in with a digital certificate
- 26:53and check the status of that employee's
- 26:55benefit.
- 26:56And then I sent it to HR. I said, "Look
- 27:00, you need to do this. The employee
- 27:02left, you have to check every week. If
- 27:04the benefit was accessed, you have to
- 27:05see, because you have to schedule their
- 27:07return to the occupational physician if
- 27:09they were off work for more than 30
- 27:11days. Why? Because what problem was I
- 27:14having? The employee would return from
- 27:18INSS and then INSS would say, 'Look,
- 27:20buddy, you're fit to go home, okay?
- 27:23Okay, you're fine, you can go back to
- 27:25work.'""
- 27:26So what did the company doctor do? The
- 27:28occupational physician deemed him
- 27:29unfit. What's the problem? Huge. This '
- 27:33unfit' thing. If he said he's unfit,
- 27:36consequently the company won't take
- 27:38this employee back. Right.
- 27:39Right. Who's
- 27:40going to pay his salary? Not the
- 27:43government,
- 27:43no.
- 27:44The government already said he's fit.
- 27:48When the occupational physician says
- 27:50he's unfit, from that moment on he's
- 27:52the company's problem. When can he come
- 27:56back? There's
- 27:57no deadline.
- 27:58And you know what they do? They stay
- 28:00home quietly. The company says I can't
- 28:03come back. The NSS (National Social
- 28:05Security Institute) says I'm fine. Six,
- 28:07seven, eight, ten months pass, and they
- 28:08file a lawsuit asking for reinstatement
- 28:10, employment, and payment of back wages
- 28:12, because he's at home, not because he
- 28:14wants to be, but because the company
- 28:15says I can't work. This causes enormous
- 28:17liabilities. There are many companies
- 28:19with gigantic liabilities. Because he
- 28:21said: 'Doctor, but how am I going to
- 28:22send him back?'""I said: 'Honey, the
- 28:24occupational physician needs to say
- 28:25that he has to go back to work, because
- 28:27the INSS (Brazilian Social Security
- 28:29Institute) has already said that he's
- 28:30fit. If the occupational physician says
- 28:32he's unfit, what will happen? Your
- 28:34occupational physician is creating a
- 28:35liability for you.
- 28:36So, this happens because the
- 28:38court-appointed physician might have
- 28:39made a mistake in the diagnosis, I
- 28:41don't know. Look, he needs to go back
- 28:44to work, which is what I establish as
- 28:46security for the company.
- 28:49He needs to, the occupational physician
- 28:50will say that he's fit, he'll go back
- 28:52to work. If he needs another leave of
- 28:55absence, he'll get a new medical
- 28:57certificate. And if it's longer than
- 28:59the previous one, he'll request a new
- 29:00benefit, because then he can do that,
- 29:02he doesn't need to appeal. Now, if the
- 29:04occupational physician says he's unfit,
- 29:06he can't even request a new benefit,
- 29:08because he doesn't have that right. So
- 29:11you understand that it's just another
- 29:12problem for the company?'"
- 29:14So, HR, the company doctor, and legal
- 29:16have to work hand in hand
- 29:19because if one lets go of the other's
- 29:20hand, it can create liabilities for the
- 29:22company.
- 29:23Okay. We talked about NR1 (Brazilian
- 29:24Regulatory Standard 1) over
- 29:25INSS (Brazilian Social Security
- 29:26Institute). It's
- 29:26about INSS. Now we'll enter another
- 29:28controversial subject, which is the
- 29:30reduction of the work schedule, six to
- 29:31one.
- 29:33Tell me, what's your perspective on
- 29:34that? First, what do you think about
- 29:36that? Look, I think it's absurd. Why?
- 29:42Because most people—I have many
- 29:44clients who work in supermarkets or
- 29:46shopping malls—so, for me, this will
- 29:49cause a problem; it will bring about a
- 29:52great deal of unemployment, and it is
- 29:54yet another government bill that is
- 29:57being placed directly onto the
- 29:59shoulders of the business owner. It's
- 30:02enough that we already have the problem
- 30:04with Sundays. So, for those who have a
- 30:066-to-1 schedule, who employ women, many
- 30:08companies are being sued for violating
- 30:11the law, because women are required to
- 30:13have a Sunday off every 15 days.
- 30:15And there's a specific law about this,
- 30:17an article in the CLT (Consolidation of
- 30:19Labor Laws) that says that female
- 30:21employees necessarily need to have one
- 30:23Sunday off. So, she works one Sunday
- 30:25and has the next one off. She needs it,
- 30:26but because she's a mother or
- 30:28because she's a woman? No, it doesn't
- 30:30say if she's a mom. The law refers to
- 30:32female employees. So, I already have
- 30:34clients who, unfortunately, are advised
- 30:37, but there's no workforce. So, I have
- 30:40a case of a client who has a store in a
- 30:43shopping mall in Pascaba, and we
- 30:45received a lawsuit from the union. The
- 30:48union filed a lawsuit because,
- 30:50unfortunately, the workforce is very,
- 30:53very scarce, and he had to violate the
- 30:55rule. And then one day he fired a woman
- 30:58there, and she went to the union and
- 31:00reported it, and we received a
- 31:02notification and a lawsuit for almost R
- 31:04$ 150,000 because of that, right? A
- 31:06request to the INSS for collective
- 31:08compensation, from the union for
- 31:09collective compensation.
- 31:11Then I held the hearing and reached an
- 31:12agreement. So, you see, we were already
- 31:14having problems because of Sundays, and
- 31:16now we're going to have problems
- 31:18because of the schedule, because maybe
- 31:20companies won't be able to adapt to it
- 31:22right now. There's a timeframe, right?
- 31:24There will be time to start. It's been
- 31:26voted on. Sorry, I'm not following the
- 31:28issue. It was approved by the Senate.
- 31:31Yes, it was approved by the Chamber of
- 31:33Deputies.
- 31:33So, but it will be 100%approved, so it
- 31:35will reach the Senate, the government
- 31:38will approve it. But what will the
- 31:39government do? It will make the law, it
- 31:42will approve this law. It's already
- 31:44clear that this is a political maneuver
- 31:46. And I'm not bringing up any political
- 31:49issue here. But this move is a
- 31:51political move. Why? Because how will
- 31:55the law be approved, and it has a
- 31:57period for it to start coming into
- 31:59effect, for companies to adapt to it?
- 32:01So I don't know the exact period, but I
- 32:04know there's a period for them to adapt
- 32:06. So what will happen until October? Uh
- 32:10, unemployment won't have started yet.
- 32:13This is going to happen, there will be
- 32:15a lot of unemployment, but starting
- 32:16next year.
- 32:16But why do you think unemployment will
- 32:17increase? Because ultimately I would
- 32:19have to increase the number of
- 32:20employees. I believe that many
- 32:22companies will reduce their
- 32:24workforce significantly.
- 32:26Exactly. They will reduce it. In fact,
- 32:29in Alphaville there are already many
- 32:31companies, many bakeries with robots.
- 32:34So, there's one that has robots to
- 32:37deliver the food, the tray, and there
- 32:40are self-service checkouts to collect
- 32:43payment. So, there's a bakery that we
- 32:46frequent a lot, that must have reduced
- 32:48its workforce by about 10 people,
- 32:50because it installed four self-service
- 32:52counters. So, there's one cashier and
- 32:54four self-service counters. And waiters
- 32:57, I think there are only about four,
- 32:59but there are six robots. You know
- 33:02those ones, my daughter even says, I
- 33:04only want the juice if the robot brings
- 33:06it. See, companies are already adapting
- 33:09to replacing manual labor. So this
- 33:12bakery is already ahead. I have a
- 33:15client who also owns a wholesale store,
- 33:17and he's already doing self-service. So
- 33:19, in a way, what he's going to do—I
- 33:21even saw a video of a woman doing it
- 33:23this week—is another self-service
- 33:25system that's stealing my job. So, a
- 33:27lot of people are worried about what's
- 33:29going to happen. He's going to comply
- 33:32with the 5x2 schedule, but he's going
- 33:35to replace half of the employees with
- 33:38self-service, with robots, with
- 33:41something else that isn't manual labor.
- 33:44I
- 33:44understand. Because this is a problem,
- 33:46deep down, I see how it affects our
- 33:48entire field of civil construction and
- 33:51works. Sometimes you have to deliver a
- 33:54project,
- 33:54and you'll have to do it yourself,
- 33:57you'll have to have it done, you'll
- 33:59have to pay overtime, you'll have extra
- 34:02pay, and so, whether it's 5x2 or 6x1
- 34:04makes a big difference.
- 34:06Absolutely. Absolutely. And there are
- 34:09businesses that operate in a way that
- 34:12doesn't require them to work 7 days a
- 34:15week. So the 6-on-1 was for that. For
- 34:19example, in an office, the office is 5
- 34:20days on, 2 days off,
- 34:22but consequently, how will the sales
- 34:25staff, supermarket staff, bakery staff,
- 34:27shopping mall staff work? 5 days on, 2
- 34:30days off.
- 34:31This client of mine, who had this
- 34:33lawsuit from the union, said: "We
- 34:35suspended the hearing to reach an
- 34:37agreement, an extra agreement directly
- 34:40with the union, and then just ask the
- 34:42judge to approve it." And then, in the
- 34:46meeting with the union, he said: "Let's
- 34:49do something, let's negotiate with the
- 34:52employers 'union and let's do an
- 34:55agreement with the employees. Let's
- 34:58close the mall on Sundays because it's
- 35:00not profitable. But the mall stores
- 35:03need to open according to mall rules.
- 35:05If they don't open, they get fined."
- 35:07Then he said: "If you guys make an
- 35:09agreement for the mall to close on
- 35:12Sundays, because my business doesn't
- 35:14justify the risk I'm taking of having
- 35:17to maybe break the rule and put an
- 35:19employee to work two or three
- 35:21consecutive Sundays, I'll pay, but even
- 35:24paying can't be done, because he paid
- 35:26her Sunday and he had to make a
- 35:28collective agreement."
- 35:30Yeah, deep down the problem is bigger,
- 35:31right? Because in the case of retail, I
- 35:34think they sell more on Saturdays and
- 35:36Sundays, right?
- 35:37So he was telling me that on Sundays
- 35:40the workday is from 2 PM to 10 AM, uh,
- 35:43at the mall, right?
- 35:44I think from 2 PM to 8 AM, right?
- 35:46And from 2 PM to 8 AM. So he said that
- 35:48it wasn't worth it, that his Sunday
- 35:50business and Tuesday business are the
- 35:53same. So he said that because of the
- 35:55risk, the cost, everything involved,
- 35:57maybe it would be better for him to
- 35:59open from Monday to Saturday.
- 36:01So, he avoided the risk of
- 36:04having a female employee work two
- 36:05consecutive Sundays and being reported
- 36:07to the union again.
- 36:09And how should the employer act in
- 36:11these cases? How does he prepare for
- 36:14this change in working hours? We
- 36:17haven't even talked about it, but we're
- 36:19bringing it up, and I'm seeing that in
- 36:20Brazil, instead of increasing
- 36:22productivity, we're actually decreasing
- 36:23it, right?
- 36:24Absolutely.
- 36:25And ultimately, this comes from the top
- 36:29down, right? How do you see this? How
- 36:33does the employer prepare to comply
- 36:35with NR1, to adapt to a 6-day-on, 1-
- 36:37day-off schedule? How does he legally
- 36:40protect himself from this? He needs to
- 36:43be aligned, André, and he needs to
- 36:45have a very close defense team, because
- 36:48he won't be able to do it alone, HR
- 36:50alone won't be able to do it, and
- 36:52buying online courses won't work either
- 36:55. Because the other day I saw, uh, I
- 36:58participated in an immersion program,
- 37:00and we had a networking session, and
- 37:02one of the managers came to talk to me
- 37:05and said, "Look, uh, no, I avoided
- 37:07overtime, I'm free from overtime
- 37:09because I put everyone in positions of
- 37:12trust in my company." Then I said: "
- 37:13What do you mean by that?""Oh, I gave
- 37:15everyone a 40%bonus and they stopped
- 37:18clocking in at the time clock." I said,
- 37:21"Since when did you do that?" She said,
- 37:24"Oh, it's been over a year." I bought a
- 37:26course from so-and-so, I won't mention
- 37:27names, but from someone on the internet
- 37:29, right? And he said that if I gave
- 37:31everyone a 40%bonus, I'd be free from
- 37:33clocking in. I said, "You unnecessarily
- 37:36burdened your company because you paid
- 37:3840%, and there's no way the
- 37:40receptionist can have a position of
- 37:42trust. There's no way the cleaning lady
- 37:45can have a position of trust. To have a
- 37:47position of trust, at a minimum, a
- 37:48person needs to have the power to
- 37:49command. When will the receptionist be
- 37:51able to hire and fire someone?" So, why
- 37:53am I saying this? Because sometimes
- 37:56people consume a lot of content, you
- 37:58know, about cutting corners, and then
- 38:00they can't really have a law firm
- 38:02that's there in the day-to-day. So, for
- 38:05me, the business owner needs to have a
- 38:07law firm that also employs a team,
- 38:09because it is not beneficial for him to
- 38:12simply hire an independent lawyer on
- 38:14his own, okay? Because a lawyer who
- 38:16works alone doesn't have the same
- 38:18problems as their client. So, for
- 38:20example, if the client says, "Oh, I
- 38:21want to give this employee just cause
- 38:22for dismissal." The lawyer says: "Oh,
- 38:24poor thing, why don't you pay him what
- 38:25he's owed? Fire him." Then, for example
- 38:28, if I'm the owner, and I have an
- 38:30employee, I say: "Go ahead, because
- 38:32he'll sue you, it'll be worse for you."
- 38:34So, apply the dismissal for just cause.
- 38:35We'll resolve this later, but apply it,
- 38:37because I know his pain. I know what
- 38:39it's like to pay and not receive the
- 38:41service you paid for. So, what does he
- 38:43need? He needs a firm that shares his
- 38:46pain points, that has to implement the
- 38:48same procedures as his company, because
- 38:50we have to implement the same
- 38:51procedures you have to implement, I
- 38:53have to implement them in mine. It's
- 38:55the same thing. I'm implementing it
- 38:57here, but I'm implementing it there too
- 38:58. I've already sent the notices to my
- 39:00HR department to put together. Why?
- 39:02Because we'll have to do it together. I
- 39:04do it there, and as I create them in my
- 39:06office, I replicate them for my clients
- 39:09. So he needs this close, preventative
- 39:11legal counsel, because when...If the
- 39:13process goes ahead, when the employee
- 39:15decides to file a lawsuit, their
- 39:17defense is already prepared because
- 39:19they've already taken all the necessary
- 39:21precautions, they have the security,
- 39:23the documents, the employee's file is
- 39:25already ready. If they decide to hire a
- 39:28lawyer only when they receive the
- 39:29lawsuit notification, they won't have
- 39:31any of that documented, and the lawyer
- 39:34will charge even more. Uh-huh. We're
- 39:36talking about productivity, right? And
- 39:38sometimes, I want to leave the business
- 39:40owner with this so they don't become a
- 39:41hostage to this kind of thing, right?
- 39:43How do they proceed? Because, you see
- 39:45that productivity isn't good, they can
- 39:47go there, they can demand answers,
- 39:49right? They can do it in various ways,
- 39:51but how do they legally protect
- 39:52themselves by saying, "Man, this guy
- 39:54isn't producing anymore, I'm going to
- 39:55say goodbye.""
- 39:57Yes, André, I think the biggest
- 39:59mistake a business owner can make is
- 40:02hiring out of necessity. We all do it.
- 40:05I've hired many times out of necessity.
- 40:08So, I have a demand.
- 40:10So, in your opinion, it's better to
- 40:12have a bottleneck and not hire just for
- 40:15the sake of hiring, right? I believe so
- 40:17. So, I think everything starts with
- 40:20hiring. So we can perhaps divide this
- 40:22answer into two moments: the hiring
- 40:24process and the current situation. So,
- 40:27today I'm using a much more assertive
- 40:29hiring model than I did before. So,
- 40:32what do I do? I think the best
- 40:36testimony is nothing you experience
- 40:37yourself, right? Because how can I talk
- 40:42about something I haven't lived? It's
- 40:44very difficult. So, in my case, I had a
- 40:46lot of problems with my team's
- 40:49productivity because I hired people—
- 40:53good people, not productive people,
- 40:56wonderful people to work with,
- 40:58wonderful—but the productivity didn't
- 41:02keep up. But why? Because we started
- 41:05analyzing profiles. So, there's DISC,
- 41:07right..." Well, that's what we're using
- 41:10now in new hires, and it makes perfect
- 41:13sense. You see the DISC, you talk to
- 41:16the person, and you know if they are
- 41:18what they answered. DISC is a
- 41:20behavioral profile. So, there's the
- 41:22dominant type. The dominant type, the
- 41:25lawyer profile I'm looking for today,
- 41:27is the DC type.
- 41:29They have to be dominant and compliant.
- 41:32What is a dominant type? A dominant
- 41:34type is a results-oriented person.
- 41:36Their fear of failure is so great that
- 41:39they are like a bulldozer. They do
- 41:42everything they have to do to get
- 41:44results. So they are driven by results.
- 41:46The more difficult the problem, the
- 41:48better for the dominant type. The
- 41:50compliant type is the person who checks
- 41:52, they are cautious, they are careful.
- 41:55Why? Because while they are dominant in
- 41:57solving problems, they are careful not
- 41:59to make mistakes in what they are
- 42:01solving, because they don't want to be
- 42:03exposed. So, for me, today the profile
- 42:06of a productive person is to descend. I
- 42:09think maybe it even resembles you,
- 42:11because you need someone who descends,
- 42:13you need someone who is...decisive, but
- 42:14also, you know, because after all,
- 42:16they're going to analyze the projects
- 42:18and everything else.
- 42:19Yes, with the wrong training, right?
- 42:20Exactly. But at the same time, I have a
- 42:23sales department, just like you do. I
- 42:26can't put a dominant person in sales
- 42:27because they don't have much patience.
- 42:30So for sales, I need someone who is
- 42:32influential, charismatic, an IS (
- 42:34Independent Supervisor), for example,
- 42:37who is stable, so they listen well,
- 42:39they have a lot of patience. So, the
- 42:41salesperson is usually an IS, they are
- 42:43influential because they persuade, but
- 42:45at the same time they listen to the
- 42:47client's needs. So what I think is that
- 42:49the company has to put the right people
- 42:51in the right places. If you take an IS
- 42:54and put them in execution, in
- 42:56operations, that person isn't suitable,
- 42:59you'll get angry, you'll lose money,
- 43:02and you'll lose the person. Now, in the
- 43:05same way, if you put someone down to
- 43:07sell, they won't sell to anyone because
- 43:08the person will start complaining,
- 43:10they'll get angry, but the IS will have
- 43:11patience. So, what I think the company
- 43:13has to do is...What to do? She has to
- 43:15hire, right? And regarding mine, today
- 43:17wherever I go, we are conducting weekly
- 43:19visits to all of our clients, aren't we
- 43:22? So, every time I get there and say, "
- 43:24HR, are you applying DISC?""No,
- 43:25starting today you're going to apply
- 43:27this because you'll save a lot of money
- 43:30on dismissals. Because, the biggest
- 43:32pain point for a business owner is
- 43:34really hiring and firing, because you
- 43:36wasted time hiring and you pay a
- 43:37fortune to fire.
- 43:39So today, to hire, use Disqus. Now, if
- 43:42you have an employee who isn't
- 43:44producing, you have to make a decision,
- 43:47because ultimately, perhaps in the
- 43:49employee's journey—because, the
- 43:51question is, in the employee's journey,
- 43:54they start well and then their
- 43:56performance declines, right? Anyway,
- 44:00that's the question, right? So, if the
- 44:01person is doing well, there comes a
- 44:03point where they can't anymore, you
- 44:04warned them, I don't know, twice
- 44:05because I think that's the standard
- 44:06practice, right? You warn them once,
- 44:07you have to talk, you have to warn them
- 44:09,
- 44:09talk, see if the person is having
- 44:10problems, right?
- 44:11Exactly. All, all, all this prior
- 44:13communication so the person isn't
- 44:15caught by surprise, let's say, this is
- 44:17even legally valid.
- 44:18Absolutely. So, if the person delivered
- 44:21and they're not delivering anymore,
- 44:23there must have been a problem." In the
- 44:26middle of the road. Either she has a
- 44:28personal problem that she needs time to
- 44:31resolve, or she really doesn't want to
- 44:33continue anymore. And then, uh, I'm
- 44:36more radical about this, okay? I don't
- 44:40think the company should be rewarding
- 44:42this employee. So, many times the
- 44:44person is in the company, uh, and this
- 44:47goes from the lowest to the highest
- 44:50position. But since we have mediums,
- 44:52let's look at it from an average
- 44:54perspective.
- 44:56And I have many cases of employees who
- 44:58start very well and then, but they are
- 45:00the kind of people who don't stay in
- 45:02the place for very long, so you know,
- 45:05uh, they get tired of the job, so it's
- 45:07very good, but then they say: "I'm
- 45:09tired of it here." Uh-huh.
- 45:11Oh, I'm not going to quit. I'm not
- 45:13going to. I'm not going to. I want my
- 45:15right. What right do you have, my
- 45:16friend? You don't want to work here
- 45:18anymore. You want me to fire you? But I
- 45:21need the workforce, so I am not looking
- 45:23to fire you; it is you who wants to
- 45:24leave. So we have two options. Either
- 45:26you quit and leave. Although, either
- 45:28I'll follow up with you and I'll have
- 45:30to give you a just cause dismissal,
- 45:31because I'm not going to reward you for
- 45:32your poor service. So, for that, you
- 45:35need to have support. What do many
- 45:37companies do? Just cause dismissal is a
- 45:40lot of work. Oh my, the guy is going to
- 45:42sue me. So the company ends up
- 45:44softening its stance. But what do you
- 45:46do in that situation? It depends on the
- 45:48level of the company. So, as we're
- 45:50talking to several, several business
- 45:52owners, we can think that maybe it's
- 45:54not the case here at CT, for example,
- 45:57where these are people who are really
- 45:59at another level of employment, but
- 46:01there's the level of employee in, uh,
- 46:03operations, who really want
- 46:05unemployment insurance. Let's be clear,
- 46:07they want unemployment insurance. So,
- 46:09in that case, you can't do that,
- 46:11because you know what your problem is?
- 46:14The colleague is even enthusiastic, but
- 46:16he's seeing the other one slacking off
- 46:19and you're not doing anything. The
- 46:21rotten apple.
- 46:21Exactly. So what are you going to do?
- 46:23The guy is there slacking off, missing
- 46:25work, and the other one is overloaded.
- 46:27Because of him. Then this guy who's
- 46:30working really hard sees you talking,
- 46:32you firing him and rewarding his
- 46:34laziness, right? His stubbornness,
- 46:37anyway. What's he going to do? If I
- 46:40want to leave, I'm not going to quit,
- 46:42I'll do the same thing. So, when we
- 46:44decide to advise our clients to apply
- 46:47just cause for dismissal, I solve a
- 46:49huge problem for the company. Why?
- 46:52Because the other colleague will say: "
- 46:54It's not worth slacking off here,
- 46:56because if I slack off, the company
- 46:58will follow me, will fire me for just
- 47:00cause. To maybe get something, and even
- 47:03then, I'll have to go to court and it
- 47:05will take a long time. So let me do my
- 47:07job here. If I'm not satisfied, I'll
- 47:08resign." With that, you completely
- 47:11change the company culture and you even
- 47:13return control to the owner, because
- 47:15many times the owner is a hostage.
- 47:18There are many business owners held
- 47:19hostage by their employees, many, many,
- 47:21many. "Some people call me and say,' I
- 47:23don't know what to do with this person
- 47:25anymore. 'Then I say,' I know what
- 47:26you're going to do with them. Leave it
- 47:29to me, I know. '
- 47:31No, okay, doctor, I think we've already
- 47:33gone on for over an hour here, haven't
- 47:36we?
- 47:36Yeah,
- 47:38soon you'll be a legal expert.
- 47:42But do you want to make a final comment
- 47:43? We touched on everything, didn't we?
- 47:46In the end, is there anything else?
- 47:47We've said everything. We've said it
- 47:48all.
- 47:49No, I think we've said it all. You
- 47:51already know you have to put up some
- 47:52announcements on the bulletin board.
- 47:53Yeah, so you see, we always learn,
- 47:55right? Yeah, you already know, you
- 47:57already know that. No, I think that's
- 47:59it, André. I think that, well, the
- 48:01businessman needs someone who thinks
- 48:04like him. For me, that's the summary.
- 48:08You need someone who's walking the same
- 48:10path as you and feels the same pain as
- 48:13you. Only they will understand you and
- 48:15only they will be able to defend you in
- 48:16the way you need."
- 48:18Yes, I think that the business owner
- 48:19needs to be well advised,
- 48:20right?
- 48:21Why? Because, deep down, my perception
- 48:24is that we are unable to keep up with
- 48:26every single aspect of everything. So
- 48:29you have to be well supported in legal
- 48:31matters, in HR matters, for example,
- 48:33sometimes even with an external HR
- 48:35department to help you with other
- 48:36things. And this helps you make better
- 48:40decisions, including, right?
- 48:43Because the business owner has to be
- 48:45focused on making money.
- 48:48Those who have to worry about demands
- 48:50that aren't related to that are the
- 48:52people he hired, and then everyone
- 48:54helps each other. So, that's why I say
- 48:57that, well, in our office, we have a
- 49:00lawyer who's always on WhatsApp, so the
- 49:03client...our civil caseload is smaller
- 49:06than our labor caseload. Our labor
- 49:08caseload is constant, all day long, we
- 49:11have some of our clients with problems.
- 49:14So they say: "Look, the employee
- 49:15arrived late, the employee disappeared,
- 49:17the employee..." HR doesn't do anything
- 49:19without talking to us. We know
- 49:22everything HR does. I
- 49:24understand.
- 49:25They even say things like, "So-and-so's
- 49:27case has arrived, I already know it's
- 49:29coming, I'm prepared for it."
- 49:32Because of his behavior, because of his
- 49:33behavior and the monitoring we've
- 49:35already done. So, and I'm dealing with
- 49:37a case, I think we've already applied
- 49:38two dismissals for just cause today.
- 49:40The employee was absent, didn't bring a
- 49:42doctor's note, arrived, argued with the
- 49:44manager, spoke up, the manager asked
- 49:45him about the doctor's note, he sent
- 49:47the manager somewhere, I said, "What do
- 49:49I do now?" I said, "Apply the dismissal
- 49:51for just cause." Because, oh, but I
- 49:53don't have any warnings, no. Okay, but
- 49:55he was disrespectful. He sent the
- 49:57manager away, he used foul language
- 49:59with the manager. So, I need to apply
- 50:01just cause dismissal to him now,
- 50:02because if I allow it, what will happen
- 50:04tomorrow? The other men will do it.
- 50:05Nobody does anything. Exactly.
- 50:07So, basically, that's it, it's having
- 50:09someone taking care of you while you're
- 50:11earning money.
- 50:12Awesome. Doctor, how do people find you
- 50:16? Social profile, social media, anyway,
- 50:20me copying. Yeah, yeah, right?
- 50:25Abbreviation for Doctor Samara S.
- 50:27Maciel.
- 50:28Doctor. Awesome. We'll also leave the
- 50:31website in the video description, folks
- 50:33. And that's it. Thank you very much.
- 50:35Thank you, André. We'll
- 50:36wrap it up here. If you liked this
- 50:38episode, leave a like, subscribe to the
- 50:40channel. Thanks and see you later.
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