A restrição do “mesmo estabelecimento empresarial” para fins de equiparação salarial: uma análise das mudanças legislativas à luz do princípio da isonomia.

Abstract

This article aims to make a critical and systematic analysis about the changes brought by the Law 13.467/2017 – known as Labor Reform - within the framework of the salary equalization institute. Specifically, the study deals with the substitution of the expression "same location" by "same business establishment" and its incompatibilities with the Brazilian Legal Order. In this manner, the principle of equality, at the constitutional level, and its ramifications, such as wage isonomy in Labor Law, are highlighted, in order to elucidate the incompatibility of the reformist legislation with the principiological basis of the institute itself. In order to do that, it was orchestrated a bibliographical, legislative and jurisprudential review to systematize, both doctrinal and jurisprudential positions on the issues under study.