terça-feira, 30 de setembro de 2008

FAX SINDICAL - COOPERATIVAS E HOSPITAIS QUEREM ABOLIR DIREITOS TRABALHISTAS.

COOPERATIVAS DE TRABALHO E DONOS DE HOSPITAIS QUEREM FLEXIBILIZAR DIREITOS DO TRABALHADORES E TIRAR AO MÉDICO O DIREITO DA CARTEIRA ASSINADA. PROJETO DO TUCANO MINEIRO JOSÉ RAFAEL GUERRA ATACA OS DIREITOS DE OUTRAS CATEGORIAS NA ÁREA DA SAÚDE.



A crise econômica americana foi a queda do muro de Berlim do neoliberalismo. Mas algumas idéias neoliberais, sobreviventes da era FHC, persistem em insistir. Uma delas é a flexibilização dos direitos do trabalhador, tão duramente conquistados.



(Esta matéria está em http://faxsindical.wordpress.com/2008/09/30/cooperativas-e-hospitais-querem-abolir-direitos-trabalhistas/#more-760 ).


O médico não pode fazer plantões, trabalhar 24 horas ou mais em um hospital, sem ter um vínculo empregatício com a empresa que necessita de seus serviços. Essa situação, levaria à terceirização e acabaria prejudicando outras categorias profissionais, para as quais os donos dos negócios sentiriam mais à vontade para recorrer ao expediente da terceirização indevida. Essa afirmação pode parecer muito óbvia, para profissionais da área de recursos humanos, para advogados trabalhistas, para auditores do Ministério do Trabalho, para juízes e procuradores do Trabalho, para sindicalistas. Mas, em Belo Horizonte,as cooperativas lançam-se ao audacioso projeto, já derrotado na era FHC, de flexibilizar os direitos dos trabalhadores.



A situação merece atenção dos sindicalistas de todas as áreas, porque se arrombada a porta, permitindo-se a terceirização da mão-de-obra médica e o desvirtuamento das cooperativas de trabalho, nada garantirá que amanhã a investida não se estenderá a bancos, indústrias, educação e a todos os setores de prestação de serviços.



O encaminhamento dessa questão está sendo feito de forma sorrateira. Os beneficiários são os controladores das cooperativas médicas de trabalho e donos de clínicas e hospitais, além dos planos de saúde. Os prejudicados serão os médicos que perderão seus direitos trabalhistas e, posteriormente, todos os trabalhadores. Não houve uma consulta ampla aos médicos, em especial aos que têm direito a uma carteira assinada.



A matéria alarmente teve como título **Reunião debate contratação de médicos com carteira assinada** e saiu no jornal "Estado de Minas". Pode ser conferida na página http://tinyurl.com/3tkuat .


O espírito da reunião é traduzido pelo jornal:


Fórum debate o fato de médicos não terem de seguir regras da CLT, pois maioria se organiza em cooperativas e é paga pelos planos de saúde, conforme produtividade. Ou seja, o alvo é o confisco dos direitos trabalhistas dos médicos.



Donos de hospitais, clínicas, planos de saúde e congêneres, estão alarmados porque o Ministério do Trabalho, cumprindo a lei, lhes aplica multas. Ou seja, pressupõem o direito do enriquecimento ilícito baseado no descumprimento da legislação trabalhista vigente no País.




O Superintendente do Ministério do Trabalho denuncia que "há casos de novatos que estão cumprindo jornada diária de oito horas dentro dos hospitais e que nesse caso precisam ter vínculo empregatício". "Sabemos que há maus empregadores que aproveitam das cooperativas, que é um sistema mais barato de contrato, para manter profissionais que deveriam ter o vínculo empregatício. Quem achar que houve abuso dos fiscais deve recorrer. Também temos consciência da responsabilidade da área médica e como esse setor é importante para a sociedade", acrescenta.




Do outro lado falaram advogados patronais, o vice-presidente da Associação Nacional de Hospitais Privados, Henrique Salvador, o Presidente do Sindicato dos Hospitais de Minas Gerais, Castinaldo Bastos Santos.



Além dos representantes patronais favoráveis ao fim da carteira assinada, compareceu o Presidente do CRM MG (Conselho Regional de Medicina de Minas Gerais) Hermann von Tiesenhausen. Falando do trabalho médico ele disse: "aqueles que atuam na saúde privada e suplementar não precisam seguir as regras da CLT. Em um país em que temos uma saúde caótica, esse tipo de medida vai onerar hospitais e médicos e certamente vai refletir nas pessoas que precisam da assistência".




Os representantes patronais presentes à reunião não teriam suas domésticas contratadas por cooperativas e nem pensam em terceirizar os serviços de enfermagem de seus hospitais ou mesmo a recepção. Mas, quando se fala em trabalho médico, querem o fim da carteira assinada.



Esse projeto encontra eco no Congresso Nacional. O deputado tucano de Belo Horizonte, José Rafael Guerra, está defendendo o fim da carteira assinada para os médicos trabalhadores de hospitais ( confira em http://tinyurl.com/4kuqfq ). O texto do projeto do tucano mineiro, que tira dos médicos o direito a ter a carteira de trabalho pode ser lido em http://tinyurl.com/52ybdp . Ele já estende o projeto a todos os profissionais de nível superior que atuam dentro de um hospital, ampliando o projeto de flexibilização dos direitos trabalhistas.



Para os demais trabalhadores fica o alerta: depois de arrombada a porta não vai adiantar mais querer reforçar a tranca.







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