Cooperativas de trabalho e os reflexos do parágrafo único do artigo 442 da CLT

Abstract

With enactment of Law 8.949/94, which introduced the single paragraph to Article 442 of Labor Law Consolidation , innumerous Labor Cooperatives emerged, this being the hallmark of "cooper-fraud" proliferation which, contradicting the fine cooperativism principles, cooperatives play a role of true intermediators to the workforce, masking the employment relationship between cooperative workers and their hiring companies . However, workers who have been clearly harmed by the "cooper-fraud mob”, have gone to Labor Justice Court to discuss their constitutionally ensured rights. Fraudulent practice has become so trivial, that fraud presumption is almost inevitable to the judges who judge the avalanche of labor complaints dealing with recognition of employment between worker and cooperative, or between employee and contracting company. However, it is necessary to separate the wheat from the chaff, so that legitimate cooperatives are not punished due to cooper-fraud