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NR-1: o empresário ainda pode cobrar produtividade? — Transcript

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  1. 0:00In fact, André, a new way of holding
  2. 0:02business owners hostage is being sold.
  3. 0:08In your opinion, what is the limit of
  4. 0:10what constitutes harassment? While you
  5. 0:13think you're having a feedback
  6. 0:15conversation, often the employee is
  7. 0:17recording you. There will be a lot of
  8. 0:20unemployment; many companies, many
  9. 0:22bakeries, already have robots. What I
  10. 0:24think is that the company needs to put
  11. 0:26the right people in the right place.
  12. 0:31Every business owner has already gone
  13. 0:33through or will go through a delicate
  14. 0:35situation. An employee starts producing
  15. 0:38less, loses engagement, impacts the
  16. 0:40team, and the manager is left unsure of
  17. 0:43how far they can push. Can the company
  18. 0:46demand productivity? How to
  19. 0:48differentiate low performance from a
  20. 0:50mental health problem? Where does
  21. 0:53legitimate pressure end and labor risk
  22. 0:56begin? And what changes with NR1 and
  23. 0:59the debate about psychosocial risks at
  24. 1:02work? Well, I'm André Pita, and you're
  25. 1:04listening to the Caterinfra podcast,
  26. 1:06your channel to stay up-to-date on news
  27. 1:08from the world of engineering and
  28. 1:10infrastructure. And to talk about this
  29. 1:12topic that affects companies of all
  30. 1:15sizes, I'm joined today by Dr. Samara
  31. 1:17da Souza e Maciel, a specialist in
  32. 1:19labor law, who will help us understand
  33. 1:22how business owners can protect their
  34. 1:24company and their team while
  35. 1:26simultaneously building a healthier and
  36. 1:29more productive environment. The first
  37. 1:35question is, can business owners still
  38. 1:38demand productivity? What do I mean by
  39. 1:40that? Regarding the issue of NR1, you
  40. 1:44could even explain beforehand what NR1
  41. 1:47actually is and how it relates to labor
  42. 1:51law. This is important because, at
  43. 1:53times, business owners are afraid to
  44. 1:54demand productivity when they are not
  45. 1:56properly prepared and covered by the
  46. 1:58terms of NR1. How does it work? Since
  47. 2:01it's very new, although NR1 was
  48. 2:03extended from last year to this year to
  49. 2:05allow companies to adapt,
  50. 2:07the truth is that nobody adapted to
  51. 2:10anything; they waited until May again
  52. 2:12to start implementing it. So, André,
  53. 2:14it's actually being sold as a new way
  54. 2:17to hold business owners hostage,
  55. 2:20because before we thought that
  56. 2:22employees were always mistreated at
  57. 2:25work, but the tables have turned, it
  58. 2:27seems, right? So, today's business
  59. 2:30owners are held hostage by their
  60. 2:32employees, so NR1 seems to be just
  61. 2:34another way to keep the business owner
  62. 2:36hostage. And who will be held hostage?
  63. 2:38Those who don't have legal counsel.
  64. 2:39That's the truth. Why? Because
  65. 2:41productivity can always be demanded, it
  66. 2:44always has been and always will be.
  67. 2:46What is not acceptable is setting
  68. 2:49unattainable goals. So, sometimes, the
  69. 2:53business owner just needs to have
  70. 2:55control, they just need to make clear
  71. 2:57what they want from the employee. And
  72. 3:00the employee has to deliver. Now, a
  73. 3:02hostile environment, an environment of
  74. 3:05humiliation, that can never be and
  75. 3:07never will be. So it's not NR1 that's
  76. 3:10bringing that about. It's always been
  77. 3:12like this; whenever an employee took a
  78. 3:15case of moral harassment, extortion, or
  79. 3:18humiliation to court, when they proved
  80. 3:21it, they always won. So NR1 didn't
  81. 3:23create this; it already existed. What's
  82. 3:26happening now is that the market is
  83. 3:30finding, in NR1, a way to even move
  84. 3:33financially. There are many companies
  85. 3:36that are selling this as if it were our
  86. 3:38new market destruction, that business
  87. 3:40owners will be condemned for everything
  88. 3:42. Isn't that true? A business owner
  89. 3:44needs legal counsel and needs to
  90. 3:46consult them on how far they can go,
  91. 3:48how they can proceed, establishing
  92. 3:50rules through a manual. Or, in the
  93. 3:53office, for example, we work with our
  94. 3:56clients on the company manual. And what
  95. 3:59does the company manual contain? There
  96. 4:00are rules: what you can, what you
  97. 4:01cannot. How can a sales department work
  98. 4:06without targets? It's impossible. Sales
  99. 4:08are driven by that. So, how am I going
  100. 4:11to establish these targets? So, the
  101. 4:13company just needs to be transparent
  102. 4:15with the employee, everything needs to
  103. 4:18be documented, but it's NR1 (Brazilian
  104. 4:20Regulatory Standard 1) and the employer
  105. 4:22can't demand productivity, that doesn't
  106. 4:25happen, because if it did, most
  107. 4:27companies would be better off closing
  108. 4:29down, because how are you going to sell
  109. 4:32if there's no accountability? It's
  110. 4:34necessary.
  111. 4:34Great. And in your opinion, what is the
  112. 4:37limit between accountability and
  113. 4:38harassment? Because I don't know if
  114. 4:41that's very clear, you know? Yeah, I
  115. 4:43think things are very subtle, you know?
  116. 4:45Exactly. It's a fine line. So, and
  117. 4:47nowadays, people have cell phones,
  118. 4:50today it's a weapon, right, in the
  119. 4:52hands of employees. So, while you're
  120. 4:55thinking you're having a feedback
  121. 4:57conversation, many times the employee
  122. 4:59is recording you. So, the employer, the
  123. 5:02manager, needs to have a limit of
  124. 5:04respect. So, from the moment you cross
  125. 5:07a line of, oh, you're stupid, you're
  126. 5:09incompetent, that can't happen and
  127. 5:11never can. Now, look at what the
  128. 5:14company expects from you, I expect you
  129. 5:16to deliver that. If he doesn't deliver,
  130. 5:19what measure should be taken? It
  131. 5:20depends. You might have to fire him, or
  132. 5:22you might have to apply a dismissal for
  133. 5:24just cause. Why didn't he deliver?
  134. 5:27Because it wasn't possible to deliver.
  135. 5:28It's one thing, oh, he didn't deliver
  136. 5:30because he was slacking off, he didn't
  137. 5:32deliver because he wants to be fired
  138. 5:34but doesn't want to resign. Then the
  139. 5:35company has to evaluate that and
  140. 5:37perhaps even apply a dismissal for just
  141. 5:39cause. Now, swearing, that's not
  142. 5:41allowed, right? Humiliating, belittling
  143. 5:43, that's not allowed. Now, demanding
  144. 5:45within the limits of the law is always
  145. 5:47allowed. Do
  146. 5:48you think it's possible to coexist with
  147. 5:50high performance and all these
  148. 5:52regulations and laws? Easy?
  149. 5:54I believe so, as long as the company
  150. 5:57has legal security. So, I am not able
  151. 6:00to start demanding things the way that
  152. 6:02I want to. So, what do I always suggest
  153. 6:05? I'll create a sales target. I even
  154. 6:08say, look, let's sit down and see how
  155. 6:10far we can go. And there we're going to
  156. 6:13structure a document so that the
  157. 6:15company has this document in hand and
  158. 6:17is secure. And the manager often,
  159. 6:19because the owner establishes it, let's
  160. 6:21say the company president says: "I want
  161. 6:23this." The manager will want to deliver
  162. 6:27because he's driven by results.
  163. 6:30How will he demand this from his team?
  164. 6:32We might have to establish some
  165. 6:35document, some training. So today we
  166. 6:37are thinking more about the fact that
  167. 6:40we need to train our managers so they
  168. 6:42are able to deliver results rather than
  169. 6:44effectively stopping. Because if I
  170. 6:47can't demand results, I can't work.
  171. 6:48And how does it work? Because,
  172. 6:50fundamentally, it's a matter of goals,
  173. 6:51I'm even saying this because here at
  174. 6:53CTER I also have productivity goals.
  175. 6:54Yes. But it's variable, it depends on
  176. 6:58the complexity. When you create a
  177. 7:00document, you don't just think, you
  178. 7:02don't think, "I'm going to create a
  179. 7:03document with goals, but sometimes the
  180. 7:05goal for one month will have to be
  181. 7:07higher than another, because last month
  182. 7:08I didn't do what was necessary," you
  183. 7:10understand? No, but I'm not saying you
  184. 7:12should create a specific document for
  185. 7:14that. Because if you create a document
  186. 7:17and then want to change it later, you
  187. 7:19end up being rigid. No, you need to
  188. 7:22establish a procedure. Now, the limit
  189. 7:24of how the goal will be established
  190. 7:26depends on the company, and the company
  191. 7:29needs to sell. So, it needs to
  192. 7:31establish the goal. What can't happen
  193. 7:34is for the employee, for example, I
  194. 7:36have a client who sells internet and
  195. 7:39has a ranking of salespeople, and he
  196. 7:42ends up rewarding the best salespeople.
  197. 7:45Can he present the worst salespeople at
  198. 7:48the meeting? He can't. What can he do?
  199. 7:51He can create a ranking. The top four
  200. 7:53salespeople are so-and-so because he's
  201. 7:54going to reward them. From the ones he
  202. 7:57doesn't reward downwards, he can't
  203. 7:59expose that. For example, at the sales
  204. 8:00meeting. He can't. Why? You'll create
  205. 8:03anxiety in the person who didn't sell
  206. 8:05anything. So that's exposure. That
  207. 8:09can't happen,
  208. 8:09man. But how am I going to deal with
  209. 8:11that? I don't understand.
  210. 8:12So you can call the person who's in
  211. 8:15last place and talk to them, but you
  212. 8:18can't, in a sales meeting, take a
  213. 8:20PowerPoint presentation and put up
  214. 8:24the ranking.
  215. 8:24The ranking of the last-placed person.
  216. 8:26You can put the ranking of the top
  217. 8:28performers, but you can't expose the
  218. 8:29last-placed person. The last-placed
  219. 8:32person has been there for 30 days, they
  220. 8:34haven't made a single sale, and in
  221. 8:36their mind, the exposure could lead
  222. 8:38them to take it to court and get
  223. 8:39compensation for moral damages. How
  224. 8:42much will it be? It depends on the
  225. 8:43judge. So that's the kind of care
  226. 8:45companies need to take.
  227. 8:47So I can, I can showcase the top
  228. 8:49performers. Absolutely. It's even a way
  229. 8:52to motivate the last-placed person to
  230. 8:54try to improve. Because if so-and-so
  231. 8:57sold 30 contracts and you sold one, are
  232. 9:00you having a problem? What problem are
  233. 9:02you having? But I can't put that in a
  234. 9:04meeting to expose that person to the
  235. 9:07whole company, for example. You can
  236. 9:09bring them in for feedback and
  237. 9:11introduce them to everyone and say: "
  238. 9:13Look, why did she get 30 and you didn't
  239. 9:15?" You can have that conversation.
  240. 9:18So that's an important point, because,
  241. 9:20deep down, sometimes you say: "Wow, but
  242. 9:21did that person do that in so much time
  243. 9:23?" Well, I believe that you can also
  244. 9:26accomplish this, but depending on how
  245. 9:27you choose to phrase it, the result may
  246. 9:29end up functioning differently. Exactly
  247. 9:31. It can really be a trap, a trap for
  248. 9:34the company. So, these are the
  249. 9:36precautions you'll need, because NR1
  250. 9:38deals with mental health, a standard
  251. 9:40that came about for that purpose, and
  252. 9:43in fact, this standard came about
  253. 9:45because the business owner who has an
  254. 9:47employee is being tied to this standard
  255. 9:49. But this standard came about because
  256. 9:52of the banks, as there's a lot of
  257. 9:53burnout, right, among bank employees,
  258. 9:55because the demands of the bank are
  259. 9:57really high, and also the employees,
  260. 9:59the banks were very dependent on the
  261. 10:01INSS (Brazilian Social Security
  262. 10:02Institute); the government didn't
  263. 10:04create this because of them, because
  264. 10:06there are many people. But what
  265. 10:07happened? All the business owners were
  266. 10:11parachuted in. And now the owner of a
  267. 10:14small shop who has an employee has to
  268. 10:16worry about NR1. He needs to have
  269. 10:18several care implementation processes
  270. 10:21there. So, how will he comply with NR1?
  271. 10:24We start thinking about it, and we even
  272. 10:26started thinking about it in the office
  273. 10:28, for example, because our activity,
  274. 10:30whether we like it or not, generates
  275. 10:32anxiety, because we work with deadlines
  276. 10:34, with pressure, it's a deadline, a
  277. 10:36deadline, and we live by deadlines,
  278. 10:37okay? So, what is my job, how is the
  279. 10:40employer, for example, going to think
  280. 10:43about organizing his company, okay?
  281. 10:45Because that's all it's for. NR1 is
  282. 10:47about that, what my activity generates
  283. 10:49in terms of anxiety for my employee and
  284. 10:52what I'm doing about it. For example,
  285. 10:54you have here, you have a space for
  286. 10:56them to play video games, you have a
  287. 10:58space for them to sit, watch TV, you
  288. 11:00have a coffee area. So let's think, the
  289. 11:02guy is here and he's under pressure
  290. 11:04because he needs to deliver a project,
  291. 11:06it's generating anxiety, right? Because
  292. 11:08now there's a wave of anxiety. So
  293. 11:11what is he going to do? He will, he
  294. 11:12will have, he has a space. So here, in
  295. 11:14a way, you already have NR1 (Brazilian
  296. 11:16Regulatory Standard 1), because you
  297. 11:17have a rest area. He can leave, he can
  298. 11:20sit down, he can breathe, he can have a
  299. 11:22moment for himself. In our case, we
  300. 11:25thought, okay, my work is going to
  301. 11:27generate anxiety due to the excessive
  302. 11:30demand because of deadlines. How am I
  303. 11:32going to solve this? We thought, then,
  304. 11:35we're going to have to hire someone to
  305. 11:38be like a helper, you know? To adjust
  306. 11:40the work. Today there's the 4.0
  307. 11:42adjustment, which are the judges who
  308. 11:44come to relieve the courts that are
  309. 11:46overloaded with cases. We thought, okay
  310. 11:48, let's create a support system in the
  311. 11:49office, I'll have to hire someone who
  312. 11:51will help everyone. So the civil lawyer
  313. 11:54is dealing with a high demand, and he
  314. 11:56is worried.
  315. 11:58Then he'll ask for help from this
  316. 12:00support person. So, in a way, we are
  317. 12:02going to have to hire a lawyer who
  318. 12:04understands all the different areas to
  319. 12:05assist us in every single one of them
  320. 12:07if it becomes necessary. So I'm already
  321. 12:09applying NR1 (Brazilian Regulatory
  322. 12:11Standard 1) when I do this, because I'm
  323. 12:13concerned about this anxiety. So
  324. 12:15companies really need to think about
  325. 12:17what their activity entails here, and
  326. 12:20how exactly they might be generating
  327. 12:22anxiety in their own employees
  328. 12:24throughout the process. They need to
  329. 12:27find a way to provide a space for them
  330. 12:29to have a moment of rest. Telemarketers
  331. 12:32need this, because they get yelled at,
  332. 12:34right? So many people call, they say, "
  333. 12:36I don't want to." What should
  334. 12:38telemarketers do? And in my analysis, I
  335. 12:41think they need to have a psychologist
  336. 12:45available, you know? And since it's a
  337. 12:48larger company, they need more support,
  338. 12:50or a dark room with some water running,
  339. 12:53you know? So the person can go there
  340. 12:55and say, "I just got yelled at by a
  341. 12:57customer, I need to breathe." So that's
  342. 12:59the situation the company is going
  343. 13:01through. Unfortunately, I'm not in
  344. 13:04favor of all this. I'm against it,
  345. 13:07because I think people today are
  346. 13:10generally anxious. Transferring this
  347. 13:13responsibility to companies, to me, is
  348. 13:15just another obligation that the state
  349. 13:18is imposing on businesses. So, instead
  350. 13:20of worrying about bringing wealth to
  351. 13:22Brazil, generating jobs, and everything
  352. 13:24else, we're now going to have to worry
  353. 13:26about not causing anxiety to anyone.
  354. 13:29Yes, this is a complicated point, and I
  355. 13:31say that our activity, despite being
  356. 13:33different, is similar in several
  357. 13:35aspects.
  358. 13:35Yes. Because you have your body of
  359. 13:38employees, and they ultimately have
  360. 13:41direct contact with the client, and the
  361. 13:43client, just like ours here, can
  362. 13:45generate pressure on them. How would
  363. 13:48that work in this case? Because, well,
  364. 13:49it's not the employee, right? It's
  365. 13:51not the employer, but it's the end
  366. 13:53customer. And the end customer arrives:
  367. 13:56"Hey, you have to send it by this date,
  368. 13:57it's over." And then what?
  369. 13:58Exactly. And that's where my "help"
  370. 14:01comes in, right? That's where this
  371. 14:03lawyer I'll have to bring to the team
  372. 14:05comes in. So I'll have to raise the
  373. 14:07price of my service, because since I'll
  374. 14:09have to increase my workforce, I might
  375. 14:11have to raise the price of my service
  376. 14:13so that I have someone to come and help
  377. 14:15that person when they're feeling
  378. 14:17pressured. Yes, that's the objective of
  379. 14:21NR1, that the work, like, maybe I'll
  380. 14:24even get canceled, as you're saying,
  381. 14:27but I see it as a problem for the
  382. 14:30employer, because if before everything
  383. 14:33was already considered moral damage,
  384. 14:36now it's even more so. And worse,
  385. 14:39before we had the burden of proof in
  386. 14:42labor law. So, what does that mean?
  387. 14:45Whoever alleges has to prove it, unless
  388. 14:47it's something documentary. So, in the
  389. 14:50history of labor law, we say: "Look, if
  390. 14:52an employee says they suffered
  391. 14:54workplace harassment, right, were
  392. 14:56insulted, they have to prove it. Now,
  393. 14:59when we bring in NR1 (Brazilian
  394. 15:01Regulatory Standard 1), when an
  395. 15:03employee says they suffered anxiety at
  396. 15:06work, that the work caused anxiety,
  397. 15:08nervousness, sadness, in short, worry,
  398. 15:11before they had to prove it. Now, with
  399. 15:14this new rule, the burden of proof is
  400. 15:16no longer on them. They claim they had
  401. 15:19anxiety, and I, the company, will have
  402. 15:20to prove that I didn't cause them
  403. 15:22anxiety. And that's where the problem
  404. 15:24arises. No, but why didn't I cause it?
  405. 15:25Because I had help. No, I didn't cause
  406. 15:27it because I had a video game. No, I
  407. 15:28didn't cause it because I had a
  408. 15:30psychologist available. I didn't cause
  409. 15:31it because when the client yelled at
  410. 15:33them, I, the company owner, went there
  411. 15:35and personally attended to the client.
  412. 15:37So, you see, in addition to the number
  413. 15:40of lawsuits we've had in recent years,
  414. 15:43because it was the highest number of
  415. 15:45lawsuits we've had, now we're going to
  416. 15:48have many more. There's that too."
  417. 15:50So, because, from what I'm seeing, it's
  418. 15:51a very subjective matter, right?
  419. 15:53Very subjective.
  420. 15:54Why? Because each person also has a
  421. 15:56threshold, right? A limit to their
  422. 15:59resilience. That's it. So some people
  423. 16:01have more, others less. So, and then it
  424. 16:03becomes objective. If the person says,
  425. 16:07"Oh, you put a lot of pressure on me
  426. 16:10and it went to court," then it depends.
  427. 16:13It's what I have to prove. The company
  428. 16:15will have to prove
  429. 16:16that it didn't do it.
  430. 16:18Before, it was the employee who had to
  431. 16:20prove it, now it's the contract. Now
  432. 16:21it's the opposite, it's the company
  433. 16:23that has to prove it. So, do you agree
  434. 16:25that companies will need lawyers even
  435. 16:28more? Why? Because those companies that
  436. 16:31would never have a lawsuit, they will
  437. 16:33start to have one, because people have
  438. 16:35the anxiety they already have. Everyone
  439. 16:38nowadays, society is anxious about
  440. 16:40everything. People get anxious about
  441. 16:43not touching their cell phones, I don't
  442. 16:44know, they're 5 minutes without looking
  443. 16:46at their cell phone, and they're
  444. 16:48already...Imagine now bringing that to
  445. 16:49the businessman. That's the...Okay. So,
  446. 16:52business owners need to be very
  447. 16:55cautious and also need a very good
  448. 16:58defense, because everything is
  449. 17:01jurisprudence, everything is internal
  450. 17:05precedent. So, let's think about it, a
  451. 17:07company that starts to receive
  452. 17:09convictions due to disrespect for NR1 (
  453. 17:11Brazilian Regulatory Standard 1), what
  454. 17:13will happen to it? There was a lawsuit,
  455. 17:15this employee will take this action and
  456. 17:18use it as a model in the next one, so
  457. 17:20it will be like borrowed evidence. So
  458. 17:22what happens? The idea is not to settle
  459. 17:26these cases. So for my clients, in
  460. 17:29cases where there haven't been any
  461. 17:31lawsuits in this sense yet, it has
  462. 17:32already emerged because it's still
  463. 17:34quite new, no, not yet,
  464. 17:35but there are already judges condemning
  465. 17:37, okay? A sentence was issued last week
  466. 17:39by a judge condemning based on NR1,
  467. 17:41but it's been so short a time.
  468. 17:43But the moral harassment lawsuit was
  469. 17:45filed before the law came into effect,
  470. 17:48but it was judged at this time and the
  471. 17:50judge has already interpreted and
  472. 17:52sentenced based on NR1, we already have
  473. 17:55it,
  474. 17:55but is that possible? If it was,
  475. 17:57then they will have to appeal. But then
  476. 17:59, what What's the problem? She
  477. 18:01sentenced me, you know, my head, my,
  478. 18:03you know, my sentence. And then the
  479. 18:06company will appeal, I believe they can
  480. 18:09overturn it, considering that the law
  481. 18:11has just come into effect. Uh-huh.
  482. 18:14But for them to appeal, they need to
  483. 18:16have money for the appeal deposit,
  484. 18:18because they have to pay either 6,700
  485. 18:20if it's a small business or 13,000 if
  486. 18:22it's not, you know, if it's not in that
  487. 18:25category, if it's a company outside the
  488. 18:27Simples Nacional (Simplified National
  489. 18:29Tax Regime). In that case, they need to
  490. 18:31have 13,000. In other words, to
  491. 18:34overturn this decision, they will have
  492. 18:36to have money. So, what do I think
  493. 18:38about NR1 (Regulatory Standard 1) and
  494. 18:40what is my advice to my clients? If a
  495. 18:43case reaches this level, we can't make
  496. 18:45a settlement and we have to prove
  497. 18:47otherwise and we have to have evidence
  498. 18:49to defend ourselves so that there is no
  499. 18:52conviction. Because if I make a
  500. 18:54settlement, I will, in a way, create an
  501. 18:57expectation in the other party. So,
  502. 19:00since they made a settlement, they will
  503. 19:01make one in mine. And if they lose,
  504. 19:03they will use it. This ruling is
  505. 19:04against them. It's like that unhealthy
  506. 19:06working conditions ruling. So-and-so
  507. 19:09passed the expert evaluation, it's
  508. 19:10positive. Okay, I'm going to use the
  509. 19:12same ruling, the same decision for mine
  510. 19:13, the same report. It's the same thing
  511. 19:16as NR1 (Brazilian Regulatory Standard 1
  512. 19:16). Companies need to defend themselves.
  513. 19:18So, in that sense, I'll even mention a
  514. 19:21practice we've been doing here at CTER:
  515. 19:24I'll have a meeting with a group, and
  516. 19:27we have an artificial intelligence tool
  517. 19:30, Aplaude, and I'll record the meeting,
  518. 19:33just like any other meetings. Even if
  519. 19:36it's a small one, or maybe even just
  520. 19:39feedback, it serves as proof. I say, "
  521. 19:42Look, here's my conversation." It
  522. 19:43certainly serves as proof. It's
  523. 19:46important. I think that's because what
  524. 19:49happens? You're already ahead, right?
  525. 19:54You're already ahead of many business
  526. 19:56owners, because most business owners or
  527. 19:59managers don't take the precaution of
  528. 20:01recording; they have a meeting, and the
  529. 20:03employee is actually recording it. So,
  530. 20:06without them knowing they're recording
  531. 20:08...Yes, it can, right? No, when one of
  532. 20:10the parties is recording, the other
  533. 20:12doesn't need to know. If they're
  534. 20:14participating in the conversation, the
  535. 20:15other doesn't need to, they don't need
  536. 20:16to warn that they're recording. So, the
  537. 20:17employer uses that recording, the
  538. 20:19employee uses that recording against
  539. 20:21the employer. So, what you're doing,
  540. 20:22you're already ahead, because you're
  541. 20:24gathering evidence in your favor. So,
  542. 20:26you're already recording and that
  543. 20:28recording of yours is possibly, and it
  544. 20:30can be used, it should be used in any
  545. 20:33situation.
  546. 20:33It's legal. So, in the end, this will
  547. 20:35eventually result in creating a giant
  548. 20:37database.
  549. 20:38For sure. We'll need a lot of memory,
  550. 20:40right? We'll need a lot of cloud
  551. 20:41storage.
  552. 20:43And, right? And in your perception, do
  553. 20:45you think that NR1 could cause a large
  554. 20:47labor liability, even greater than what
  555. 20:49we already have here in Brazil?
  556. 20:51For sure. We are currently coming from
  557. 20:55a period of increasing legal actions,
  558. 20:57but due to one of the inhibitors of
  559. 21:00labor processes, when the reform took
  560. 21:02effect in 2017, the number of labor
  561. 21:05lawsuits actually fell. They
  562. 21:07fell.
  563. 21:07Why? Because the employee would file a
  564. 21:09lawsuit asking for R $ 100,000 R $
  565. 21:111,000. And then he would win 10,000 in
  566. 21:14that process. He had a court-ordered
  567. 21:17payment that we call R $ 1,000. So he
  568. 21:19didn't take any money home. He'd win R
  569. 21:21$ 1,000 and lose it all to the company
  570. 21:23lawyer for the court-ordered fees,
  571. 21:24wouldn't he?
  572. 21:25So what happened? Many people stopped
  573. 21:28suing.
  574. 21:30Uh, in 2021, this article was ruled
  575. 21:33unconstitutional, so up to three
  576. 21:35minimum wages, right? If the person is
  577. 21:38declared poor, in short, there is no
  578. 21:40such conviction. What happened? The
  579. 21:42lawsuits returned. Then came the
  580. 21:44lawyers, right, doing uh advertising on
  581. 21:47the internet, right, capturing the
  582. 21:50famous leads. So today, the employee
  583. 21:53used to have to schedule a meeting with
  584. 21:56the lawyer, pay for a consultation, and
  585. 21:59then the lawyer would analyze his case.
  586. 22:02Today, no. Today you open TikTok,
  587. 22:04Instagram, and the lawyer appears. Oh,
  588. 22:07if you work in cleaning, you have the
  589. 22:09right to this. If the employee, the
  590. 22:10employer called Your attention, you
  591. 22:12have the right to sue. So, it's become
  592. 22:14a real business. And then the person is
  593. 22:17on the couch, I receive many lawsuits
  594. 22:18from my clients who come in and, to
  595. 22:20defend the power of attorney, the guy
  596. 22:22is sitting on the couch. So you see
  597. 22:25that the power of attorney was signed
  598. 22:27at 11 pm. So you see that clearly the
  599. 22:30person was served entirely online.
  600. 22:33There have been cases where the
  601. 22:35plaintiff, my client, called the former
  602. 22:38employee and said: "Wow, but you sued
  603. 22:41me, why did you do that?" He asked,
  604. 22:43right? He said: "But I didn't sue you,
  605. 22:45I just clicked on the link and in the
  606. 22:47end it ended up going through and he
  607. 22:49signed a document, it seems he didn't
  608. 22:51know." So, the internet has already
  609. 22:53brought this possibility of suing
  610. 22:56without going to the office, without
  611. 22:58paying anything. So it has increased
  612. 23:01with NR1. Now, the person wants to
  613. 23:03request, wants to leave the company,
  614. 23:04doesn't want to resign, he will invent
  615. 23:06any NR1 excuse and will file for
  616. 23:08indirect termination. So, it's going to
  617. 23:10explode, it's
  618. 23:11going to explode and it's going to make
  619. 23:12that company that doesn't have monthly
  620. 23:14legal counsel more expensive. Why?
  621. 23:16Because the lawsuit will arrive. What
  622. 23:18happens? When you hire someone, you
  623. 23:20have a health plan,
  624. 23:22you go and have the surgery through the
  625. 23:23plan, right?
  626. 23:25If you don't have the plan, you have to
  627. 23:26pay for the surgery privately, and
  628. 23:29what's going to happen? It's going to
  629. 23:30be more expensive. So, more and more,
  630. 23:32the business owner or the company,
  631. 23:34whether they have one employee or 1000
  632. 23:36employees, needs to have legal counsel;
  633. 23:38otherwise, they're going to have a
  634. 23:40really high labor liability, and when
  635. 23:42those liabilities arrive, the tendency
  636. 23:45is for them to have even higher costs
  637. 23:47because they'll have to hire a lawyer,
  638. 23:49they'll have to do a series of things.
  639. 23:51And NR1 applies to everyone, basically,
  640. 23:54to any simple company,
  641. 23:56with a CNPJ, R1, CNPJ. So it's
  642. 24:00complicated. You have 100 people.
  643. 24:02You're
  644. 24:02going to have work, huh? You're going
  645. 24:04to have work.
  646. 24:04We're going to have work. We're already
  647. 24:06seeing this because there's a real
  648. 24:07demand for consulting services. How am
  649. 24:09I going to adapt? So, uh, I'm sending a
  650. 24:12series of notices to clients. There's a
  651. 24:16law now that obliges companies to
  652. 24:19encourage employees to get routine
  653. 24:21checkups, prostate exams, breast exams,
  654. 24:23HPV exams. So there's a law that
  655. 24:26obliges, and
  656. 24:28encourages, or obliges, which is
  657. 24:29different,
  658. 24:29it obliges companies to publicize. So I
  659. 24:33need to put it on my bulletin board or
  660. 24:35my...
  661. 24:36you see? You're learning, you already
  662. 24:37know this.
  663. 24:39Yes, I've already sent the notices,
  664. 24:41okay? Yes, we're going to post them,
  665. 24:43and I'll even talk to Laila about this,
  666. 24:46because we need to have a bulletin
  667. 24:49board, whether it's a digital one,
  668. 24:51which some companies use today, there
  669. 24:53are communities, right, from the
  670. 24:55company itself, or an old-fashioned
  671. 24:57bulletin board, you know? And you have
  672. 24:59to post the notices. So, look, you need
  673. 25:01to...But we do it in a way...My
  674. 25:03communication, I made it in a way that
  675. 25:05fulfills the legal requirements, but I
  676. 25:07don't make it clear that the employee
  677. 25:08has to be absent to go to the doctor,
  678. 25:10because they already miss work for
  679. 25:12nothing. Imagine the company ordering
  680. 25:14them to be absent, right? Because the
  681. 25:15law mandates it. So, we made a
  682. 25:17communication that more complies with
  683. 25:19the regulations, but not so clearly.
  684. 25:21And then we send it to clients, there's
  685. 25:24another obligation now to have an
  686. 25:26internal reporting channel, so you need
  687. 25:29to have an email address and you need
  688. 25:31to publicize this. Similarly, put it on
  689. 25:34the bulletin board, saying, "If you
  690. 25:36have a problem with your manager, you
  691. 25:38have to post complaints@, for example,
  692. 25:41@catter," so there has to be someone
  693. 25:43accessing it. Some companies hire
  694. 25:45externally, but others have no problem
  695. 25:46with it being their own HR department.
  696. 25:49But it has to be a direct channel,
  697. 25:50because this channel aims for
  698. 25:51confidentiality, right? So, a reporting
  699. 25:54channel is needed so that people can
  700. 25:56report their manager, colleague, or
  701. 25:58anyone else, and their confidentiality
  702. 26:00is preserved. It also needs to be
  703. 26:03publicized. That's it. Another
  704. 26:05essential point is the company's
  705. 26:07obligation to monitor the INSS social
  706. 26:09security information. There are many
  707. 26:12companies with employees on leave and
  708. 26:14they don't know where they are. I have
  709. 26:17cases that I sent this to this week.
  710. 26:19What do I mean? The person...
  711. 26:21the person disappeared. I have a client
  712. 26:22who, I believe, currently has about 20
  713. 26:24people out on medical leave. So it's a
  714. 26:26large company, with more than 1000
  715. 26:27employees, so he has 20 people on leave
  716. 26:29. And so, I sent this communication: "
  717. 26:31Look, from now on we..." Because we
  718. 26:33were very dependent on the employee.
  719. 26:35They would leave, go to, and receive
  720. 26:37benefits, go to the INSS, and the
  721. 26:39company had to track them down to find
  722. 26:41out if the medical examination was
  723. 26:43granted or not. Today that's no longer
  724. 26:45necessary. The company has access to
  725. 26:47the INSS (Brazilian National Social
  726. 26:49Security Institute) company channel;
  727. 26:51you log in with a digital certificate
  728. 26:53and check the status of that employee's
  729. 26:55benefit.
  730. 26:56And then I sent it to HR. I said, "Look
  731. 27:00, you need to do this. The employee
  732. 27:02left, you have to check every week. If
  733. 27:04the benefit was accessed, you have to
  734. 27:05see, because you have to schedule their
  735. 27:07return to the occupational physician if
  736. 27:09they were off work for more than 30
  737. 27:11days. Why? Because what problem was I
  738. 27:14having? The employee would return from
  739. 27:18INSS and then INSS would say, 'Look,
  740. 27:20buddy, you're fit to go home, okay?
  741. 27:23Okay, you're fine, you can go back to
  742. 27:25work.'""
  743. 27:26So what did the company doctor do? The
  744. 27:28occupational physician deemed him
  745. 27:29unfit. What's the problem? Huge. This '
  746. 27:33unfit' thing. If he said he's unfit,
  747. 27:36consequently the company won't take
  748. 27:38this employee back. Right.
  749. 27:39Right. Who's
  750. 27:40going to pay his salary? Not the
  751. 27:43government,
  752. 27:43no.
  753. 27:44The government already said he's fit.
  754. 27:48When the occupational physician says
  755. 27:50he's unfit, from that moment on he's
  756. 27:52the company's problem. When can he come
  757. 27:56back? There's
  758. 27:57no deadline.
  759. 27:58And you know what they do? They stay
  760. 28:00home quietly. The company says I can't
  761. 28:03come back. The NSS (National Social
  762. 28:05Security Institute) says I'm fine. Six,
  763. 28:07seven, eight, ten months pass, and they
  764. 28:08file a lawsuit asking for reinstatement
  765. 28:10, employment, and payment of back wages
  766. 28:12, because he's at home, not because he
  767. 28:14wants to be, but because the company
  768. 28:15says I can't work. This causes enormous
  769. 28:17liabilities. There are many companies
  770. 28:19with gigantic liabilities. Because he
  771. 28:21said: 'Doctor, but how am I going to
  772. 28:22send him back?'""I said: 'Honey, the
  773. 28:24occupational physician needs to say
  774. 28:25that he has to go back to work, because
  775. 28:27the INSS (Brazilian Social Security
  776. 28:29Institute) has already said that he's
  777. 28:30fit. If the occupational physician says
  778. 28:32he's unfit, what will happen? Your
  779. 28:34occupational physician is creating a
  780. 28:35liability for you.
  781. 28:36So, this happens because the
  782. 28:38court-appointed physician might have
  783. 28:39made a mistake in the diagnosis, I
  784. 28:41don't know. Look, he needs to go back
  785. 28:44to work, which is what I establish as
  786. 28:46security for the company.
  787. 28:49He needs to, the occupational physician
  788. 28:50will say that he's fit, he'll go back
  789. 28:52to work. If he needs another leave of
  790. 28:55absence, he'll get a new medical
  791. 28:57certificate. And if it's longer than
  792. 28:59the previous one, he'll request a new
  793. 29:00benefit, because then he can do that,
  794. 29:02he doesn't need to appeal. Now, if the
  795. 29:04occupational physician says he's unfit,
  796. 29:06he can't even request a new benefit,
  797. 29:08because he doesn't have that right. So
  798. 29:11you understand that it's just another
  799. 29:12problem for the company?'"
  800. 29:14So, HR, the company doctor, and legal
  801. 29:16have to work hand in hand
  802. 29:19because if one lets go of the other's
  803. 29:20hand, it can create liabilities for the
  804. 29:22company.
  805. 29:23Okay. We talked about NR1 (Brazilian
  806. 29:24Regulatory Standard 1) over
  807. 29:25INSS (Brazilian Social Security
  808. 29:26Institute). It's
  809. 29:26about INSS. Now we'll enter another
  810. 29:28controversial subject, which is the
  811. 29:30reduction of the work schedule, six to
  812. 29:31one.
  813. 29:33Tell me, what's your perspective on
  814. 29:34that? First, what do you think about
  815. 29:36that? Look, I think it's absurd. Why?
  816. 29:42Because most people—I have many
  817. 29:44clients who work in supermarkets or
  818. 29:46shopping malls—so, for me, this will
  819. 29:49cause a problem; it will bring about a
  820. 29:52great deal of unemployment, and it is
  821. 29:54yet another government bill that is
  822. 29:57being placed directly onto the
  823. 29:59shoulders of the business owner. It's
  824. 30:02enough that we already have the problem
  825. 30:04with Sundays. So, for those who have a
  826. 30:066-to-1 schedule, who employ women, many
  827. 30:08companies are being sued for violating
  828. 30:11the law, because women are required to
  829. 30:13have a Sunday off every 15 days.
  830. 30:15And there's a specific law about this,
  831. 30:17an article in the CLT (Consolidation of
  832. 30:19Labor Laws) that says that female
  833. 30:21employees necessarily need to have one
  834. 30:23Sunday off. So, she works one Sunday
  835. 30:25and has the next one off. She needs it,
  836. 30:26but because she's a mother or
  837. 30:28because she's a woman? No, it doesn't
  838. 30:30say if she's a mom. The law refers to
  839. 30:32female employees. So, I already have
  840. 30:34clients who, unfortunately, are advised
  841. 30:37, but there's no workforce. So, I have
  842. 30:40a case of a client who has a store in a
  843. 30:43shopping mall in Pascaba, and we
  844. 30:45received a lawsuit from the union. The
  845. 30:48union filed a lawsuit because,
  846. 30:50unfortunately, the workforce is very,
  847. 30:53very scarce, and he had to violate the
  848. 30:55rule. And then one day he fired a woman
  849. 30:58there, and she went to the union and
  850. 31:00reported it, and we received a
  851. 31:02notification and a lawsuit for almost R
  852. 31:04$ 150,000 because of that, right? A
  853. 31:06request to the INSS for collective
  854. 31:08compensation, from the union for
  855. 31:09collective compensation.
  856. 31:11Then I held the hearing and reached an
  857. 31:12agreement. So, you see, we were already
  858. 31:14having problems because of Sundays, and
  859. 31:16now we're going to have problems
  860. 31:18because of the schedule, because maybe
  861. 31:20companies won't be able to adapt to it
  862. 31:22right now. There's a timeframe, right?
  863. 31:24There will be time to start. It's been
  864. 31:26voted on. Sorry, I'm not following the
  865. 31:28issue. It was approved by the Senate.
  866. 31:31Yes, it was approved by the Chamber of
  867. 31:33Deputies.
  868. 31:33So, but it will be 100%approved, so it
  869. 31:35will reach the Senate, the government
  870. 31:38will approve it. But what will the
  871. 31:39government do? It will make the law, it
  872. 31:42will approve this law. It's already
  873. 31:44clear that this is a political maneuver
  874. 31:46. And I'm not bringing up any political
  875. 31:49issue here. But this move is a
  876. 31:51political move. Why? Because how will
  877. 31:55the law be approved, and it has a
  878. 31:57period for it to start coming into
  879. 31:59effect, for companies to adapt to it?
  880. 32:01So I don't know the exact period, but I
  881. 32:04know there's a period for them to adapt
  882. 32:06. So what will happen until October? Uh
  883. 32:10, unemployment won't have started yet.
  884. 32:13This is going to happen, there will be
  885. 32:15a lot of unemployment, but starting
  886. 32:16next year.
  887. 32:16But why do you think unemployment will
  888. 32:17increase? Because ultimately I would
  889. 32:19have to increase the number of
  890. 32:20employees. I believe that many
  891. 32:22companies will reduce their
  892. 32:24workforce significantly.
  893. 32:26Exactly. They will reduce it. In fact,
  894. 32:29in Alphaville there are already many
  895. 32:31companies, many bakeries with robots.
  896. 32:34So, there's one that has robots to
  897. 32:37deliver the food, the tray, and there
  898. 32:40are self-service checkouts to collect
  899. 32:43payment. So, there's a bakery that we
  900. 32:46frequent a lot, that must have reduced
  901. 32:48its workforce by about 10 people,
  902. 32:50because it installed four self-service
  903. 32:52counters. So, there's one cashier and
  904. 32:54four self-service counters. And waiters
  905. 32:57, I think there are only about four,
  906. 32:59but there are six robots. You know
  907. 33:02those ones, my daughter even says, I
  908. 33:04only want the juice if the robot brings
  909. 33:06it. See, companies are already adapting
  910. 33:09to replacing manual labor. So this
  911. 33:12bakery is already ahead. I have a
  912. 33:15client who also owns a wholesale store,
  913. 33:17and he's already doing self-service. So
  914. 33:19, in a way, what he's going to do—I
  915. 33:21even saw a video of a woman doing it
  916. 33:23this week—is another self-service
  917. 33:25system that's stealing my job. So, a
  918. 33:27lot of people are worried about what's
  919. 33:29going to happen. He's going to comply
  920. 33:32with the 5x2 schedule, but he's going
  921. 33:35to replace half of the employees with
  922. 33:38self-service, with robots, with
  923. 33:41something else that isn't manual labor.
  924. 33:44I
  925. 33:44understand. Because this is a problem,
  926. 33:46deep down, I see how it affects our
  927. 33:48entire field of civil construction and
  928. 33:51works. Sometimes you have to deliver a
  929. 33:54project,
  930. 33:54and you'll have to do it yourself,
  931. 33:57you'll have to have it done, you'll
  932. 33:59have to pay overtime, you'll have extra
  933. 34:02pay, and so, whether it's 5x2 or 6x1
  934. 34:04makes a big difference.
  935. 34:06Absolutely. Absolutely. And there are
  936. 34:09businesses that operate in a way that
  937. 34:12doesn't require them to work 7 days a
  938. 34:15week. So the 6-on-1 was for that. For
  939. 34:19example, in an office, the office is 5
  940. 34:20days on, 2 days off,
  941. 34:22but consequently, how will the sales
  942. 34:25staff, supermarket staff, bakery staff,
  943. 34:27shopping mall staff work? 5 days on, 2
  944. 34:30days off.
  945. 34:31This client of mine, who had this
  946. 34:33lawsuit from the union, said: "We
  947. 34:35suspended the hearing to reach an
  948. 34:37agreement, an extra agreement directly
  949. 34:40with the union, and then just ask the
  950. 34:42judge to approve it." And then, in the
  951. 34:46meeting with the union, he said: "Let's
  952. 34:49do something, let's negotiate with the
  953. 34:52employers 'union and let's do an
  954. 34:55agreement with the employees. Let's
  955. 34:58close the mall on Sundays because it's
  956. 35:00not profitable. But the mall stores
  957. 35:03need to open according to mall rules.
  958. 35:05If they don't open, they get fined."
  959. 35:07Then he said: "If you guys make an
  960. 35:09agreement for the mall to close on
  961. 35:12Sundays, because my business doesn't
  962. 35:14justify the risk I'm taking of having
  963. 35:17to maybe break the rule and put an
  964. 35:19employee to work two or three
  965. 35:21consecutive Sundays, I'll pay, but even
  966. 35:24paying can't be done, because he paid
  967. 35:26her Sunday and he had to make a
  968. 35:28collective agreement."
  969. 35:30Yeah, deep down the problem is bigger,
  970. 35:31right? Because in the case of retail, I
  971. 35:34think they sell more on Saturdays and
  972. 35:36Sundays, right?
  973. 35:37So he was telling me that on Sundays
  974. 35:40the workday is from 2 PM to 10 AM, uh,
  975. 35:43at the mall, right?
  976. 35:44I think from 2 PM to 8 AM, right?
  977. 35:46And from 2 PM to 8 AM. So he said that
  978. 35:48it wasn't worth it, that his Sunday
  979. 35:50business and Tuesday business are the
  980. 35:53same. So he said that because of the
  981. 35:55risk, the cost, everything involved,
  982. 35:57maybe it would be better for him to
  983. 35:59open from Monday to Saturday.
  984. 36:01So, he avoided the risk of
  985. 36:04having a female employee work two
  986. 36:05consecutive Sundays and being reported
  987. 36:07to the union again.
  988. 36:09And how should the employer act in
  989. 36:11these cases? How does he prepare for
  990. 36:14this change in working hours? We
  991. 36:17haven't even talked about it, but we're
  992. 36:19bringing it up, and I'm seeing that in
  993. 36:20Brazil, instead of increasing
  994. 36:22productivity, we're actually decreasing
  995. 36:23it, right?
  996. 36:24Absolutely.
  997. 36:25And ultimately, this comes from the top
  998. 36:29down, right? How do you see this? How
  999. 36:33does the employer prepare to comply
  1000. 36:35with NR1, to adapt to a 6-day-on, 1-
  1001. 36:37day-off schedule? How does he legally
  1002. 36:40protect himself from this? He needs to
  1003. 36:43be aligned, André, and he needs to
  1004. 36:45have a very close defense team, because
  1005. 36:48he won't be able to do it alone, HR
  1006. 36:50alone won't be able to do it, and
  1007. 36:52buying online courses won't work either
  1008. 36:55. Because the other day I saw, uh, I
  1009. 36:58participated in an immersion program,
  1010. 37:00and we had a networking session, and
  1011. 37:02one of the managers came to talk to me
  1012. 37:05and said, "Look, uh, no, I avoided
  1013. 37:07overtime, I'm free from overtime
  1014. 37:09because I put everyone in positions of
  1015. 37:12trust in my company." Then I said: "
  1016. 37:13What do you mean by that?""Oh, I gave
  1017. 37:15everyone a 40%bonus and they stopped
  1018. 37:18clocking in at the time clock." I said,
  1019. 37:21"Since when did you do that?" She said,
  1020. 37:24"Oh, it's been over a year." I bought a
  1021. 37:26course from so-and-so, I won't mention
  1022. 37:27names, but from someone on the internet
  1023. 37:29, right? And he said that if I gave
  1024. 37:31everyone a 40%bonus, I'd be free from
  1025. 37:33clocking in. I said, "You unnecessarily
  1026. 37:36burdened your company because you paid
  1027. 37:3840%, and there's no way the
  1028. 37:40receptionist can have a position of
  1029. 37:42trust. There's no way the cleaning lady
  1030. 37:45can have a position of trust. To have a
  1031. 37:47position of trust, at a minimum, a
  1032. 37:48person needs to have the power to
  1033. 37:49command. When will the receptionist be
  1034. 37:51able to hire and fire someone?" So, why
  1035. 37:53am I saying this? Because sometimes
  1036. 37:56people consume a lot of content, you
  1037. 37:58know, about cutting corners, and then
  1038. 38:00they can't really have a law firm
  1039. 38:02that's there in the day-to-day. So, for
  1040. 38:05me, the business owner needs to have a
  1041. 38:07law firm that also employs a team,
  1042. 38:09because it is not beneficial for him to
  1043. 38:12simply hire an independent lawyer on
  1044. 38:14his own, okay? Because a lawyer who
  1045. 38:16works alone doesn't have the same
  1046. 38:18problems as their client. So, for
  1047. 38:20example, if the client says, "Oh, I
  1048. 38:21want to give this employee just cause
  1049. 38:22for dismissal." The lawyer says: "Oh,
  1050. 38:24poor thing, why don't you pay him what
  1051. 38:25he's owed? Fire him." Then, for example
  1052. 38:28, if I'm the owner, and I have an
  1053. 38:30employee, I say: "Go ahead, because
  1054. 38:32he'll sue you, it'll be worse for you."
  1055. 38:34So, apply the dismissal for just cause.
  1056. 38:35We'll resolve this later, but apply it,
  1057. 38:37because I know his pain. I know what
  1058. 38:39it's like to pay and not receive the
  1059. 38:41service you paid for. So, what does he
  1060. 38:43need? He needs a firm that shares his
  1061. 38:46pain points, that has to implement the
  1062. 38:48same procedures as his company, because
  1063. 38:50we have to implement the same
  1064. 38:51procedures you have to implement, I
  1065. 38:53have to implement them in mine. It's
  1066. 38:55the same thing. I'm implementing it
  1067. 38:57here, but I'm implementing it there too
  1068. 38:58. I've already sent the notices to my
  1069. 39:00HR department to put together. Why?
  1070. 39:02Because we'll have to do it together. I
  1071. 39:04do it there, and as I create them in my
  1072. 39:06office, I replicate them for my clients
  1073. 39:09. So he needs this close, preventative
  1074. 39:11legal counsel, because when...If the
  1075. 39:13process goes ahead, when the employee
  1076. 39:15decides to file a lawsuit, their
  1077. 39:17defense is already prepared because
  1078. 39:19they've already taken all the necessary
  1079. 39:21precautions, they have the security,
  1080. 39:23the documents, the employee's file is
  1081. 39:25already ready. If they decide to hire a
  1082. 39:28lawyer only when they receive the
  1083. 39:29lawsuit notification, they won't have
  1084. 39:31any of that documented, and the lawyer
  1085. 39:34will charge even more. Uh-huh. We're
  1086. 39:36talking about productivity, right? And
  1087. 39:38sometimes, I want to leave the business
  1088. 39:40owner with this so they don't become a
  1089. 39:41hostage to this kind of thing, right?
  1090. 39:43How do they proceed? Because, you see
  1091. 39:45that productivity isn't good, they can
  1092. 39:47go there, they can demand answers,
  1093. 39:49right? They can do it in various ways,
  1094. 39:51but how do they legally protect
  1095. 39:52themselves by saying, "Man, this guy
  1096. 39:54isn't producing anymore, I'm going to
  1097. 39:55say goodbye.""
  1098. 39:57Yes, André, I think the biggest
  1099. 39:59mistake a business owner can make is
  1100. 40:02hiring out of necessity. We all do it.
  1101. 40:05I've hired many times out of necessity.
  1102. 40:08So, I have a demand.
  1103. 40:10So, in your opinion, it's better to
  1104. 40:12have a bottleneck and not hire just for
  1105. 40:15the sake of hiring, right? I believe so
  1106. 40:17. So, I think everything starts with
  1107. 40:20hiring. So we can perhaps divide this
  1108. 40:22answer into two moments: the hiring
  1109. 40:24process and the current situation. So,
  1110. 40:27today I'm using a much more assertive
  1111. 40:29hiring model than I did before. So,
  1112. 40:32what do I do? I think the best
  1113. 40:36testimony is nothing you experience
  1114. 40:37yourself, right? Because how can I talk
  1115. 40:42about something I haven't lived? It's
  1116. 40:44very difficult. So, in my case, I had a
  1117. 40:46lot of problems with my team's
  1118. 40:49productivity because I hired people—
  1119. 40:53good people, not productive people,
  1120. 40:56wonderful people to work with,
  1121. 40:58wonderful—but the productivity didn't
  1122. 41:02keep up. But why? Because we started
  1123. 41:05analyzing profiles. So, there's DISC,
  1124. 41:07right..." Well, that's what we're using
  1125. 41:10now in new hires, and it makes perfect
  1126. 41:13sense. You see the DISC, you talk to
  1127. 41:16the person, and you know if they are
  1128. 41:18what they answered. DISC is a
  1129. 41:20behavioral profile. So, there's the
  1130. 41:22dominant type. The dominant type, the
  1131. 41:25lawyer profile I'm looking for today,
  1132. 41:27is the DC type.
  1133. 41:29They have to be dominant and compliant.
  1134. 41:32What is a dominant type? A dominant
  1135. 41:34type is a results-oriented person.
  1136. 41:36Their fear of failure is so great that
  1137. 41:39they are like a bulldozer. They do
  1138. 41:42everything they have to do to get
  1139. 41:44results. So they are driven by results.
  1140. 41:46The more difficult the problem, the
  1141. 41:48better for the dominant type. The
  1142. 41:50compliant type is the person who checks
  1143. 41:52, they are cautious, they are careful.
  1144. 41:55Why? Because while they are dominant in
  1145. 41:57solving problems, they are careful not
  1146. 41:59to make mistakes in what they are
  1147. 42:01solving, because they don't want to be
  1148. 42:03exposed. So, for me, today the profile
  1149. 42:06of a productive person is to descend. I
  1150. 42:09think maybe it even resembles you,
  1151. 42:11because you need someone who descends,
  1152. 42:13you need someone who is...decisive, but
  1153. 42:14also, you know, because after all,
  1154. 42:16they're going to analyze the projects
  1155. 42:18and everything else.
  1156. 42:19Yes, with the wrong training, right?
  1157. 42:20Exactly. But at the same time, I have a
  1158. 42:23sales department, just like you do. I
  1159. 42:26can't put a dominant person in sales
  1160. 42:27because they don't have much patience.
  1161. 42:30So for sales, I need someone who is
  1162. 42:32influential, charismatic, an IS (
  1163. 42:34Independent Supervisor), for example,
  1164. 42:37who is stable, so they listen well,
  1165. 42:39they have a lot of patience. So, the
  1166. 42:41salesperson is usually an IS, they are
  1167. 42:43influential because they persuade, but
  1168. 42:45at the same time they listen to the
  1169. 42:47client's needs. So what I think is that
  1170. 42:49the company has to put the right people
  1171. 42:51in the right places. If you take an IS
  1172. 42:54and put them in execution, in
  1173. 42:56operations, that person isn't suitable,
  1174. 42:59you'll get angry, you'll lose money,
  1175. 43:02and you'll lose the person. Now, in the
  1176. 43:05same way, if you put someone down to
  1177. 43:07sell, they won't sell to anyone because
  1178. 43:08the person will start complaining,
  1179. 43:10they'll get angry, but the IS will have
  1180. 43:11patience. So, what I think the company
  1181. 43:13has to do is...What to do? She has to
  1182. 43:15hire, right? And regarding mine, today
  1183. 43:17wherever I go, we are conducting weekly
  1184. 43:19visits to all of our clients, aren't we
  1185. 43:22? So, every time I get there and say, "
  1186. 43:24HR, are you applying DISC?""No,
  1187. 43:25starting today you're going to apply
  1188. 43:27this because you'll save a lot of money
  1189. 43:30on dismissals. Because, the biggest
  1190. 43:32pain point for a business owner is
  1191. 43:34really hiring and firing, because you
  1192. 43:36wasted time hiring and you pay a
  1193. 43:37fortune to fire.
  1194. 43:39So today, to hire, use Disqus. Now, if
  1195. 43:42you have an employee who isn't
  1196. 43:44producing, you have to make a decision,
  1197. 43:47because ultimately, perhaps in the
  1198. 43:49employee's journey—because, the
  1199. 43:51question is, in the employee's journey,
  1200. 43:54they start well and then their
  1201. 43:56performance declines, right? Anyway,
  1202. 44:00that's the question, right? So, if the
  1203. 44:01person is doing well, there comes a
  1204. 44:03point where they can't anymore, you
  1205. 44:04warned them, I don't know, twice
  1206. 44:05because I think that's the standard
  1207. 44:06practice, right? You warn them once,
  1208. 44:07you have to talk, you have to warn them
  1209. 44:09,
  1210. 44:09talk, see if the person is having
  1211. 44:10problems, right?
  1212. 44:11Exactly. All, all, all this prior
  1213. 44:13communication so the person isn't
  1214. 44:15caught by surprise, let's say, this is
  1215. 44:17even legally valid.
  1216. 44:18Absolutely. So, if the person delivered
  1217. 44:21and they're not delivering anymore,
  1218. 44:23there must have been a problem." In the
  1219. 44:26middle of the road. Either she has a
  1220. 44:28personal problem that she needs time to
  1221. 44:31resolve, or she really doesn't want to
  1222. 44:33continue anymore. And then, uh, I'm
  1223. 44:36more radical about this, okay? I don't
  1224. 44:40think the company should be rewarding
  1225. 44:42this employee. So, many times the
  1226. 44:44person is in the company, uh, and this
  1227. 44:47goes from the lowest to the highest
  1228. 44:50position. But since we have mediums,
  1229. 44:52let's look at it from an average
  1230. 44:54perspective.
  1231. 44:56And I have many cases of employees who
  1232. 44:58start very well and then, but they are
  1233. 45:00the kind of people who don't stay in
  1234. 45:02the place for very long, so you know,
  1235. 45:05uh, they get tired of the job, so it's
  1236. 45:07very good, but then they say: "I'm
  1237. 45:09tired of it here." Uh-huh.
  1238. 45:11Oh, I'm not going to quit. I'm not
  1239. 45:13going to. I'm not going to. I want my
  1240. 45:15right. What right do you have, my
  1241. 45:16friend? You don't want to work here
  1242. 45:18anymore. You want me to fire you? But I
  1243. 45:21need the workforce, so I am not looking
  1244. 45:23to fire you; it is you who wants to
  1245. 45:24leave. So we have two options. Either
  1246. 45:26you quit and leave. Although, either
  1247. 45:28I'll follow up with you and I'll have
  1248. 45:30to give you a just cause dismissal,
  1249. 45:31because I'm not going to reward you for
  1250. 45:32your poor service. So, for that, you
  1251. 45:35need to have support. What do many
  1252. 45:37companies do? Just cause dismissal is a
  1253. 45:40lot of work. Oh my, the guy is going to
  1254. 45:42sue me. So the company ends up
  1255. 45:44softening its stance. But what do you
  1256. 45:46do in that situation? It depends on the
  1257. 45:48level of the company. So, as we're
  1258. 45:50talking to several, several business
  1259. 45:52owners, we can think that maybe it's
  1260. 45:54not the case here at CT, for example,
  1261. 45:57where these are people who are really
  1262. 45:59at another level of employment, but
  1263. 46:01there's the level of employee in, uh,
  1264. 46:03operations, who really want
  1265. 46:05unemployment insurance. Let's be clear,
  1266. 46:07they want unemployment insurance. So,
  1267. 46:09in that case, you can't do that,
  1268. 46:11because you know what your problem is?
  1269. 46:14The colleague is even enthusiastic, but
  1270. 46:16he's seeing the other one slacking off
  1271. 46:19and you're not doing anything. The
  1272. 46:21rotten apple.
  1273. 46:21Exactly. So what are you going to do?
  1274. 46:23The guy is there slacking off, missing
  1275. 46:25work, and the other one is overloaded.
  1276. 46:27Because of him. Then this guy who's
  1277. 46:30working really hard sees you talking,
  1278. 46:32you firing him and rewarding his
  1279. 46:34laziness, right? His stubbornness,
  1280. 46:37anyway. What's he going to do? If I
  1281. 46:40want to leave, I'm not going to quit,
  1282. 46:42I'll do the same thing. So, when we
  1283. 46:44decide to advise our clients to apply
  1284. 46:47just cause for dismissal, I solve a
  1285. 46:49huge problem for the company. Why?
  1286. 46:52Because the other colleague will say: "
  1287. 46:54It's not worth slacking off here,
  1288. 46:56because if I slack off, the company
  1289. 46:58will follow me, will fire me for just
  1290. 47:00cause. To maybe get something, and even
  1291. 47:03then, I'll have to go to court and it
  1292. 47:05will take a long time. So let me do my
  1293. 47:07job here. If I'm not satisfied, I'll
  1294. 47:08resign." With that, you completely
  1295. 47:11change the company culture and you even
  1296. 47:13return control to the owner, because
  1297. 47:15many times the owner is a hostage.
  1298. 47:18There are many business owners held
  1299. 47:19hostage by their employees, many, many,
  1300. 47:21many. "Some people call me and say,' I
  1301. 47:23don't know what to do with this person
  1302. 47:25anymore. 'Then I say,' I know what
  1303. 47:26you're going to do with them. Leave it
  1304. 47:29to me, I know. '
  1305. 47:31No, okay, doctor, I think we've already
  1306. 47:33gone on for over an hour here, haven't
  1307. 47:36we?
  1308. 47:36Yeah,
  1309. 47:38soon you'll be a legal expert.
  1310. 47:42But do you want to make a final comment
  1311. 47:43? We touched on everything, didn't we?
  1312. 47:46In the end, is there anything else?
  1313. 47:47We've said everything. We've said it
  1314. 47:48all.
  1315. 47:49No, I think we've said it all. You
  1316. 47:51already know you have to put up some
  1317. 47:52announcements on the bulletin board.
  1318. 47:53Yeah, so you see, we always learn,
  1319. 47:55right? Yeah, you already know, you
  1320. 47:57already know that. No, I think that's
  1321. 47:59it, André. I think that, well, the
  1322. 48:01businessman needs someone who thinks
  1323. 48:04like him. For me, that's the summary.
  1324. 48:08You need someone who's walking the same
  1325. 48:10path as you and feels the same pain as
  1326. 48:13you. Only they will understand you and
  1327. 48:15only they will be able to defend you in
  1328. 48:16the way you need."
  1329. 48:18Yes, I think that the business owner
  1330. 48:19needs to be well advised,
  1331. 48:20right?
  1332. 48:21Why? Because, deep down, my perception
  1333. 48:24is that we are unable to keep up with
  1334. 48:26every single aspect of everything. So
  1335. 48:29you have to be well supported in legal
  1336. 48:31matters, in HR matters, for example,
  1337. 48:33sometimes even with an external HR
  1338. 48:35department to help you with other
  1339. 48:36things. And this helps you make better
  1340. 48:40decisions, including, right?
  1341. 48:43Because the business owner has to be
  1342. 48:45focused on making money.
  1343. 48:48Those who have to worry about demands
  1344. 48:50that aren't related to that are the
  1345. 48:52people he hired, and then everyone
  1346. 48:54helps each other. So, that's why I say
  1347. 48:57that, well, in our office, we have a
  1348. 49:00lawyer who's always on WhatsApp, so the
  1349. 49:03client...our civil caseload is smaller
  1350. 49:06than our labor caseload. Our labor
  1351. 49:08caseload is constant, all day long, we
  1352. 49:11have some of our clients with problems.
  1353. 49:14So they say: "Look, the employee
  1354. 49:15arrived late, the employee disappeared,
  1355. 49:17the employee..." HR doesn't do anything
  1356. 49:19without talking to us. We know
  1357. 49:22everything HR does. I
  1358. 49:24understand.
  1359. 49:25They even say things like, "So-and-so's
  1360. 49:27case has arrived, I already know it's
  1361. 49:29coming, I'm prepared for it."
  1362. 49:32Because of his behavior, because of his
  1363. 49:33behavior and the monitoring we've
  1364. 49:35already done. So, and I'm dealing with
  1365. 49:37a case, I think we've already applied
  1366. 49:38two dismissals for just cause today.
  1367. 49:40The employee was absent, didn't bring a
  1368. 49:42doctor's note, arrived, argued with the
  1369. 49:44manager, spoke up, the manager asked
  1370. 49:45him about the doctor's note, he sent
  1371. 49:47the manager somewhere, I said, "What do
  1372. 49:49I do now?" I said, "Apply the dismissal
  1373. 49:51for just cause." Because, oh, but I
  1374. 49:53don't have any warnings, no. Okay, but
  1375. 49:55he was disrespectful. He sent the
  1376. 49:57manager away, he used foul language
  1377. 49:59with the manager. So, I need to apply
  1378. 50:01just cause dismissal to him now,
  1379. 50:02because if I allow it, what will happen
  1380. 50:04tomorrow? The other men will do it.
  1381. 50:05Nobody does anything. Exactly.
  1382. 50:07So, basically, that's it, it's having
  1383. 50:09someone taking care of you while you're
  1384. 50:11earning money.
  1385. 50:12Awesome. Doctor, how do people find you
  1386. 50:16? Social profile, social media, anyway,
  1387. 50:20me copying. Yeah, yeah, right?
  1388. 50:25Abbreviation for Doctor Samara S.
  1389. 50:27Maciel.
  1390. 50:28Doctor. Awesome. We'll also leave the
  1391. 50:31website in the video description, folks
  1392. 50:33. And that's it. Thank you very much.
  1393. 50:35Thank you, André. We'll
  1394. 50:36wrap it up here. If you liked this
  1395. 50:38episode, leave a like, subscribe to the
  1396. 50:40channel. Thanks and see you later.

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