The compliance department of labor, and the investigations of the Public prosecution of the Work,

Over the past several years, the compliance department of labor has made it a central theme of the companies that are seeking to align their operations with the legislation, by promoting a work environment that is ethical, safe and secure.

The implementation of a compliance program effective not only to minimize financial and legal risks, but also to create a culture of respect for, and compliance for the benefit of both employers and employees, making it critical for all companies, which, through the compliance, they can avoid the challenges for the TWA, and they will be prepared for the oversight of the Home’s Electronic labour – DETAIL.

The concept of compliance

The term compliance has its origins in the verb be in English to comply, which means ‘to meet’, ‘sacrifice’. In the context of corporate legal and compliance refers to a collection of practices, rules, policies and guidelines to be adopted by an organization to ensure that their activities are in compliance with all applicable laws, regulations, and ethical standards that are applicable to their sector of activity. That is, the compliance department ensures that the company operates within the legal parameters, to prevent breaches and reduce the risk of penalties, and financial losses or reputation.

In the workplace, the compliance is particularly important to ensure that the company’s please read and comply with the norms of labor law, by creating a work environment that is healthy, just, safe and secure. This includes, with respect to the labor law, such as the payment of wages, and a guarantee of conditions and the health and safety at work, protection from discrimination, among other things.

The Importance of compliance with labour

The concept of compliance with labour involves the adoption of policies and practices that will ensure that your business is compliant with labor laws. Its importance is highlighted by the to avoid significant losses, arising out of, fines, investigations, and the actions taken by employees, especially those arising from oversight of the Y. 

The Ministry of Labor is responsible for overseeing the compliance of the labor law in Brazil, and it has the power of research is vast, and it can act as a preventive or repressive. Companies that do not have a program for compliance with labor, well-structured they are at the highest risk of being a target of the investigation, which could result in severe sanctions, in addition to have a negative impact on the reputation of the company.

The benefits of compliance with labour

Companies that implement compliance programs reap a number of benefits, including the following: 

• A reduction in the liabilities of labor: in compliance with the labor law prevents the procedures and fees.
  
• The improvement of the reputation of Organizations that are committed to ethical practices to attract talent and improve their image in the market.
  
• Work environment is safe, secure and fair environment where their rights are respected, and promotes increased engagement and productivity.
  
• The decrease of the turn-over of employees: Employees who feel respected, safe and tend to stay in business, which reduces the costs of new hires, and training.

 Working in the compliance department of labor in your business

 The implementation of a programme of compliance, labor law, requires a structured process that involves several stages, and the involvement of all levels of the organization.

The following are the key steps for implementation: 

1. Risk mapping: The first step is to identify and map the major risks of employment with the company is facing, such as hiring practices, abnormal working conditions, inadequate and harassment in the workplace.

2. The establishment of Policies and Procedures that: – The company should develop a clear policy on compliance with labor laws that protect the rights of workers, and establish rules of conduct in the workplace. Among the key measures are:

• Employment contracts: written contracts with appropriate and according to the CLT, which regulates such issues as the journey of rights and duties.
  
• Compensation and Hours: the Definition of the agreements, which allow for greater flexibility in the working day, in accordance with the legislation in force.
  
• Code of Conduct: the Creation of a code of conduct that define the expected behaviors, and to prohibit abusive practices that are discriminatory and unethical practices in the workplace.
  
• The management of Risks, in the Distance: the Establishment of a policy that is specific to the value chain ranging from the control of the return to the safety and security of this information.
  
• The policies of the Warning and the Disciplinary Definition of a clear policy on warnings and other disciplinary measures, in compliance with the principles of risk and proportionality in the application of sanctions.

3. Education and training: it Is essential to provide ongoing training for all employees regarding policies, regulatory compliance, workers ‘ rights and the procedures for reporting violations. Such training will help to raise the awareness of the employees and to create an environment of compliance.

4. The creation of a Channel from the Report: The company should establish a channel of confidential and is safe for employees to report irregularities and violations of labor standards, such as discrimination, harassment, or sexual orientation.

5. Monitoring and Auditing: auditing, internal and external, it is critical to monitor compliance with the policy, compliance and identify gaps. This process includes the ongoing review of risks and the implementation of improvements, where necessary.

6. Governance, Data Protection and Privacy: best practices in corporate governance, which include data protection and information security in the work environment, while ensuring that the privacy of the employees and to the security of sensitive information are to be adhered to.

7. Culture of compliance: The top management should be involved in the promotion of a culture of compliance within the company. Managers and leaders need to be the very first to support the efforts of the compliance officer, and encouraging a work environment that is fair and ethical.

The effective implementation of the compliance division of labour is therefore dependent on the adoption of practices that go beyond simple compliance with the law. It requires an ongoing commitment to ethics and compliance in all areas of the organization, while ensuring a work environment that is healthy and productive.

The role of the Y

The MPT plays a key role in the monitoring of working conditions, investigate complaints, irregularities, such as harassment, discrimination, labor, slave labor, among other violations. When the TWA identify violations of labor may initiate a survey of the civilian, which may result in, in terms of adjustment of conduct (TAC), or the same civil government, require the company to correct the deficiencies.

Companies that have a robust system of compliance with labour are more likely to be able to respond to the investigation of the TWA, to demonstrate that they adopt the preventive measures and corrective actions are effective to prevent the violation of the labor laws. This will reduce the chances of severe sanctions and to protect the organization from harm, reputational, and financial resources.

The Audit Directly from the DET – Domitius Electronic labour

The DET – Domitius E labor market, it is one of the recent technological tool designed to facilitate the communication and monitoring between the companies and the agencies monitoring, including the internal Revenue service, the Ministry of the Economy and the labor ministry’s decision. It allows companies to be notified electronically about any of the procedures for monitoring the labor market, ensuring greater flexibility in complying with the legal obligations.

In this way, the implementation of the program for compliance under the companies to prevent and prepare for the receipt of notifications by the DETAIL, leading to the fulfillment of the requirements in a timely manner, and avoiding penalties. 

Conclusion

In a business environment which is increasingly monitored and demanding as for the compliance with labour is not just a formality, but rather a line of defense in protecting the vital from the devastating consequences of non-compliance. To bypass the need for a robust program of the compliance and may expose the company to the penalties to be severe, irreparable damage to your reputation-and to a work environment in which the dignity of all employees and is committed to. However, the adoption of such practices in the compliance and effective, the organization is not only to protect their health and avoid penalties, but you will also build a culture of respect and responsibility, it is essential to ensure a prosperous future and sustainable development in a market that is unforgiving and constant.

Carloto, No. compliance with labour: the work illustrated in the Visual Law, including all phases of the implementation, and the standard of the SO – 3rd Ed. – St. Paul, LTr, 2022.

https://www.migalhas.com.br/depeso/415202/o-compliance-trabalhista-e-as-investigacoes-do-mpt