With globalization and the transformation of society, the adoption of labor compliance measures became a differentiating factor for companies willing to avoid the increasingly clear damages of unethical or inappropriate conduct.

Compliance, in general, may be defined as the principle of corporate governance that aims at promoting the organizational culture of ethics, transparency, and management efficiency, such that all actions of the company are in compliance with laws and regulations, internal and external controls, and values and principles.[1]

Labor compliance, specifically, is a fundamental tool for the prevention and management of risks in the labor area. An investment that generates positive impacts for companies in their social and economic results, promoting improvement of the company's image and its organizational climate.

Its application aims to ensure compliance with labor standards, map possible risks, and encourage the adoption of good practices to value people, encourage the development of their skills, and promote a suitable work environment.

One of the main mechanisms of labor compliance is to improve people management processes, since litigation often arises from relationship problems between coworkers, in most cases, between managers and subordinates.

The tools that are part of the compliance program are:

  • Code of Conduct: aims to consolidate the company's reputation and image. The Code of Conduct signals to everyone the conduct expected by the company, as well as its values and mission.
  • Internal rules: establishes the rules of the work environment, with the procedures to be adopted in routine situations experienced throughout the employment contract.
  • Reporting Channel: aims to facilitate the investigation and discourage the occurrence of practices of harassment and discrimination at the company.
  • Internal investigations: consists of investigating reports received, mainly on topics such as moral harassment, sexual harassment, breach of company confidentiality, and other situations liable to termination of employment.
  • Risk management: used to analyze and control potential threats related to people management by assessing all legislation applied to the company, mapping risks and developing internal controls.
  • Corporate training: aims to make employees aware of the company's internal policies and rules, reinforcing the principles of the organization.
  • Labor audit: based on the analysis of the documentation of labor routines to identify practices that are not in compliance with labor legislation, possible penalties, and solutions.

Among the consequences of the adoption of an effective compliance program particular highlighitng should be given to reduction of labor liabilities, decrease in the occurrence of lawsuits and administrative sanctions, and, especially, improvement in the work environment.

Although Brazilian culture is still very much focused on labor litigation, investment in preventive and consultative work is a market trend, mainly because of society's pressures in relation to corporate responsibility and maintaining a good work environment.

 

[1] PINHEIRO, Iuri; SILVA, Fabrício Lima; BONFIM, Voilá. Manual do compliance trabalhista: teoria e prática [“Labor compliance manual: theory and practice”]. 2nd current, revised, and expanded edition. Salvador: Editora JusPodivm, 2021, p.50.