A repercussão da reforma trabalhista nos períodos de repouso intervalos e férias

Abstract

Rest periods, granted to employees as measures of health, hygiene and safety, recovery of the workforce and reduction of the probabilities of the occurrence of occupational diseases and accidents at work, arose with the identification that long and excessive working hours harm both the physical as well as the psychological quality of the job, which can cause the development of occupational diseases, accidents at work, unproductive work, as well as causing the loss of the employee's own life. Some legislative changes brought about by the labor reform, through Law nº 13.467/ 2017, harmed the worker and targeted the costumer in detriment to the preservation of health, hygiene and safety standards at work, as provided in art. 7, item XXII of the Federal Constitution. Consequently, the alteration damaging these rules is clearly contrary to the Constitutional Aegis that safeguarded the reduction of risks inherent to work through health, hygiene and safety rules and the principle of the unavailability of workers' rights, as well as functions of Labor Law, among which, the realization of social values, the protection of past workers from the economic power of the employer, the guarantee of the dignity of the worker and the restraint on the exploitation of human labor as a source of wealth