Hello everyone!
First of all, I apologize for my poor grammar. English isn't my first language, but I'll try my best. I also acknowledge that Brazil isn't a prime example of a prosperous nation, but it's what I can offer. Lastly, the existence of laws alone does not mean that these rights are universally respected, but it is a valuable first step
I've been reading countless disheartening accounts in this sub about how workers are treated in the US, and how little rights they have, so I thought I should tell you about how things work here in Brazil. If even we can have basic rights, I believe it is more than possible to achieve the same level of legal protection in the US
For starters, the following rights are enshrined in our Constitution:
- racism is a non-bailable crime, which includes race discrimination in the workplace (art. 5, XLII)
- salary cannot be reduced, unless if approved by the corresponding workers' union (art. 7, VI)
- 13 salaries per year (usually, one extra salary in December) (art. 7, VIII)
- 8-hour work day and a 40-hour work week, with mandatory overtime pay at least 50% higher than the regular hour rate (art. 7, XIII and XVI)
- at least one day off per week (art. 7, XV)
- yearly paid vacation, with an extra 1/3 increase in the regular salary (art. 7, XVII)
- 120 days of maternity leave and the right to paternity leave (art. 7, XVIII)
Furthermore, our Labor Code (sorry, I couldn't find a translation) expands these rights to include:
- all efforts to defraud or hinder any principle contained in the Labor Code are illegal, including the principle of the right to unionize. In effect, union-busting efforts are illegal (art. 9 and 511)
- the employer carries the burden to prove its innocence against all charges levied by the employee (art. 818)
- for shifts exceeding 6 hours, employees have the right to at least 1-hour lunch break, or 15-minutes break for shifts exceeding 4 hours (art. 71)
- in between shifts, employees must have at least 11 hours free (art. 66)
- employers are responsible for the health and safety of their employees (art. 154), and are obliged to provide all necessary personal protection equipment (art. 166)
- employees must contribute with 1-day salary to their respective union (the union tax). Employers must pay between 0.02% and 0.8% of their annual revenue to the workers' union
- it is extremely easy to pierce the corporate veil if the company cannot afford to pay what it owes its employees (art. 855-A)
- labor-related credits have priority over most credits (even taxes) in case of bankruptcy
Lastly, the following conducts are crimes under the Brazilian Criminal Code:
- submitting workers to forced labor, exhaustive work shifts or degrading work conditions (art. 149)
- using violence or grave threats to stop anyone from unionizing (art. 199)
- defrauding rights ensured by the Labor Code (art. 203)
It barely scratches the surface of labor rights in Brazil, but these already contrast with what I've been reading here. Of course, Brazil is no paradise. We, too, suffer with income inequality, rampant inflation, unemployment and a myriad of other problems
However, if half of the stories that I read here in this sub happened in Brazil, the employers would already be drowning in lawsuits. Some would even be in jail
Do not accept less than what your third-world friends already have. The outrage you feel is real and a natural reaction to the inconceivable disrespect US workers suffer when the State refuses to ensure even basic rights
Unionize and demand laws that protect the workers. Do not settle for scraps