Compliance trabalhista: a caminho da ética, da transparência e da integridade empresarial nas relações de trabalho

Abstract

This monograph aims to demonstrate how compliance in the labor area works. In Brazilian law, compliance is defined as an internal mechanism of integrity and ethics that must be applied in economic organizations and in the public sector. Compliance involves a strategic issue and applies to all types of organizations. In Brazil, compliance is provided for in the Anticorruption Law (Law 12.846 / 2013) and contributed to the strengthening of the implementation of internal controls and compliance programs, since it provides for the objective accountability of the legal entities involved. And it goes beyond legal barriers and regulations, incorporating principles of integrity and ethical conduct. Labor compliance consists of adapting to the standard through tools and adopting preventive practices against lawsuits, in addition to constituting evidence for their success. However, although it originated in business relations and intensified after the Anti-Corruption Law, the compliance technique also started to be used in the labor sphere, with the function of creating codes of ethics and standards of conduct so that they are laws and other rules of labor law are complied with. In order to build a balanced and ethical relationship, it serves to maintain balance and proper conduct within the company. Therefore, it is extremely necessary and essential to avoid aggressive impulses within the work environment. Ethics differs from the law, because their non-compliance does not generate sanctions, but a discontent and disapproval. The law affects moral behavior that seeks to standardize behavior within society.