A incompatibilidade do acordo individual no banco de horas à luz dos princípios da proteção e do não retrocesso social.

Abstract

Workers' rights are considered fundamental social rights and deserve effective legal protection against state acts aimed at suppressing or amending them without similar compensatory measures taking place. In order to prevent such an act from occurring, the case law and the rules of law must follow the principle of protection and the principle of social non-retrogression. Its dogmatic aims to protect the under-sufficient part of the employment relationship: the worker and to ensure that no abuse or suppression of acquired rights occurs. It is from this that the proposed study develops, since, through the influence of this whole complex of rules from the principle of protection and social non-regression, the impacts of Law no. 13,467 / 2017 within the scope of the bank of hours and the changes occurred in the current art. 59 on the possibility of tacit agreement and individual agreement on the protective nature of labor law.