The close negotiation between the aeronauts and Latam Brasil led the area to draft a “plan B” to create another company in the country in order to reduce the group’s cost with the payroll of the company’s pilots and flight attendants. The plan was revealed by the director of operations in Brazil, Geraldo Meneses, during a conference with crew members on Wednesday. THE State / Broadcast had access to the video of the meeting.
Latam and the category have been fighting for months involving the definitive cut of the crew’s wages. While Gol and Azul negotiated temporary reductions with their crew because of the pandemic, Latam wants the definitive cut. The company’s argument that, being the oldest, has higher wages.
The executive’s speech came after the crew questioned the company’s steps if the proposal for permanent salary reduction is not approved by one of the categories (pilots, co-pilots and flight attendants). “This is a topic that we are studying,” he said, noting that the group has a project for a domestic and international company in the country and that this project only becomes viable if the three functions approve.
“If one of the functions does not approve, we will have an internal discussion of how we are going to move forward on this new project, of a new company flying domestic and international routes. We still do not have the answer to that. What do we have in plan B, which it would be to fly in another company with a lower salary cost than we are even proposing here “, said the executive, during the transmission.
Sought, Latam Airlines Brasil stated that it is still negotiating with the National Union of Aeronauts (SNA). “(The company) is confident that the new proposal will be approved by the crew, since it brings coherence and balances costs in comparison with other companies operating in the country.”
The area formalized in mediation conducted by the Superior Labor Court (TST) the objective of permanently reducing 20% of the payroll cost. According to the SNA, the company intends to achieve this goal by reducing the salary in the order of 12% and also transforming part of the remuneration into food vouchers, meals and allowances, with a financial impact not yet measured.
The partner of the Peluso, Stpp and Guarit Advogados office and coordinator of Insper’s Labor Law course, Fernando Rogrio Peluso, explained that Brazilian law does not prevent the scenario of a company like Latam to create a new company and hire another crew.
“There is nothing that proves the company to hire other employees (it cannot be the same crew, because of the law, which requires six months to re-hire an employee with worse conditions) with lower wages,” he said. According to Peluso, the emergence of another company could cause the two to be classified as an economic group, in this way all the liabilities of the supposed “Latam A” would be transferred to “Latam B”.
The expert pointed out that the case would still raise some doubts about the issue of salary matching. “The jurisprudence of the Superior Labor Court (TST) today that there is no equal pay for companies in the same economic group, because it is believed that they are people who do not do the same thing. Now a pilot of two companies in the same group, in the end , it does the same thing. Despite the jurisprudence saying that, I don’t know if it could be used in this case “, he said, making hypotheses when he was provoked about the legal possibilities for an eventual outcome in this direction.
The theme, of course, would raise several questions on the part of the union and the Public Ministry. Information is from the newspaper The State of S. Paulo.