CRITERIA Use
IMPOSITION OF OBLIGATORINESS WITHOUT PLANNING CONSONANTE WITH REALITY OF the CLASSROOM ENTREPRENEUR BECOMES SYSTEM OF ONEROUS AND INEFFICIENT ELECTRONIC POINT the obligator use of the new Electronic Register of Point – REP that was from 1 of maro/11, is extending for the day 1 of September of 2011, as it determines the new Would carry HAS 373/2011 of February of 2011. As half to brighten up the imperfections and the constaints caused for the new law, imposed without the had achievement of the necessary ways to its fulfilment, the new would carry establishes that the employers will be able to adopt, until the new stated period for the obligator use, electronic alternative systems of control of hours of working, by means of authorization in Collective Agreement of Work. After some requests of revision and adequacies on the part of agencies and entities worried about the negative impact of the norm, the related one would carry instituted Work group with the purpose to elaborate studies with sights to the revision and to perfectioning of the new REP. In the truth the obligatoriness exists since 26 of August of 2010, when Portaria HAS 1,510/2009, it determined that the companies who carried through the control of the point for half electronic, would have to make it in accordance with the specifications established in the Attached I of the respective one would carry. That is, between mandos and disobediences, what it is clearly is that did not have the had concern with the negative impacts caused those that help this country to grow more to each year, ‘ ‘ Small Average Empresas’ ‘. The imposed requirements had compelled the companies to change 100% of the used equipment, and as if this already was not enough, the pressure imposed HAS for it, to fine the companies who did not accept the determination, provoked a bigger demand that offers.
On account of this demand not taken care of, the Ministry of the Work and Job? MTE published in 18/08/2010 Portaria HAS 1,987/2010, proroguing for 01/03/2011, the stated period for the beginning of the obligator use of the new equipment. However, as pressure of the pleas and mandates petitioned against the agency, was published Portaria HAS 373/2011 of February of 2011, that it prorogues the obligator adoption of the REP, for 01/09/2011. Events as above cited clearly leave the unpreparedness and authoritarianism of the fiscalization agencies and control, that with the justification to favor the worker the patronal classroom imposes arbitrariedades of this nature. In turn, sample also that operating people and entities in the defense of subjects of interest of the society exist and that they know and they make use of the legal instruments.