Compliance Trabalhista: Implementação por meio da negociação coletiva de trabalho com vistas a concretização da meta 8.5 dos objetivos de desenvolvimento sustentável (ODS)

Abstract

Numerous social problems arising from the violation of human rights arise from a failure to comply with legal compliance in employment relationships, with compliance being presented as an alternative insofar as this program aims to awaken companies to the social function they perform and the duty to avoid adverse damages linked to the exercise of its activities through the prevention, detection or mitigation of impacts, if they occur. Labor compliance is relevant as it aims to improve employment relations in the work environment, with respect for worker health, preservation and enhancement of the company's image and brand, increased productivity, profitability, reduced worker turnover, reduced losses, reduction in labor actions, reduction in absences due to occupational illnesses. Considering that labor rights, as rights of the second generation of human rights, in a growing perspective of recognition and affirmation (process of dynamogenesis of Human Rights) consolidated in international standards such as the International Covenant on Economic, Social and Cultural Rights, the American Convention and its additional protocol, the UN's position stands out in the sense that the company, as it holds significant economic power, in return and due to the social function it performs, is obliged to respect human rights, describing the recommendation containing the United Nations Guiding Principles on Business and Human Rights from 2011, whose pillars are protect, respect and repair. In a context of labor relations, to achieve compliance purposes, collective labor negotiation, as it is an effective self-compositional means capable of establishing better working conditions with greater potential for being respected by the parties, emerges as a form of implementation of the tools of this program and maintenance of all labor aspects within legality, including observing the UN Sustainable Development Goals. The study has a descriptive and exploratory character, with a qualitative approach, with the deductive method being used based on the premise that collective bargaining is an essential instrument for the effective application of the compliance program in labor relations, using, for this purpose, the types of bibliographic and documentary research, based on a review of books, articles, periodicals, documents from specialized organizations and national and international standards on the proposed problem.