Como a Comissão Interna de Prevenção de Acidentes (CIPA) se trata de um grupo formado por representantes dos empregados e da empresa empregadora, tendo atribuições de identificar e de mapear os riscos do trabalho no ambiente laboral, podendo requerer medidas para reduzir ou eliminá-los, torna-se adequado que os seus membros tragam estabilidade provisória no emprego. Tal condição permite que o representante tenha autonomia para cumprir bem as suas funções no comitê, sem ter medo de represálias do patrão ou de outras pessoas. Só que esta espécie de garantia, normalmente, provoca muitas dúvidas, especialmente nos empregados.
Então, que tal ficar por dentro de algumas questões sobre este assunto? Saiba tudo sobre a CIPA!
Em que se fundamenta a estabilidade na CIPA?
Conforme se lê no art. 157 da CLT, “Os titulares da representação dos empregados nas CIPA(s) não poderão sofrer despedida arbitrária, entendendo-se como tal a que não se fundar em motivo disciplinar, técnico, econômico ou financeiro.” Isso é assim porque, certamente, poderá acontecer dos membros da CIPA cobrarem do patrão por instalações ou por ações corretivas nos locais de trabalho, onde existam insegurança ou riscos à integridade física dos trabalhadores. É este o tom da primeira parte do inciso II da Súmula n° 339, do TST, onde se percebe que “A estabilidade provisória do cipeiro não constitui vantagem pessoal, mas garantia para as atividades dos membros da CIPA, que somente tem razão de ser quando em atividade a empresa.”
De quanto tempo é esta estabilidade?
Quem for eleito para integrar a CIPA tem segurança no emprego desde o ato de registro de sua candidatura, estendendo-se até um ano depois que o mandato no comitê acaba. No total, esse período dura até dois anos. Mas vale apontar que a estabilidade no emprego volta a ser contada no caso de reeleição da pessoa, computando mais dois anos de garantia.
O suplente da CIPA e os indicados pelo empregador têm direito à estabilidade?
Como o suplente também é membro da CIPA, passa a gozar dos mesmos direitos de quem ocupa os cargos de direção da CIPA. Inclusive, isso está assegurado na Súmula nº 676 do TST, de sorte que nenhum empregador poderá se insurgir contra a indicação daquele Tribunal. Entretanto, os indicados pelo empregador não possuem estabilidade, podendo ser substituídos à vontade do patrão.
Em que situações esta estabilidade é perdida?
Antes de mais nada, vale lembrar que o cipeiro não tem estabilidade absoluta. Nos moldes do art. 157 da CLT, o que não pode acontecer é a dispensa arbitrária ou sem justa causa, dentro do período reservado como garantia provisória ao emprego.
Isso quer dizer que o membro da CIPA não é inatingível e deve se comportar adequadamente no ambiente laboral, cumprindo com as suas funções de trabalho e obedecendo às determinações patronais. Resta advertir que a CIPA não poderá ter o seu número de representantes reduzido, nem poderá ser desativada pelo patrão antes que o mandato chegue ao fim, ainda que ocorra uma redução do número de empregados na empresa — o que poderia modificar a quantidade de membros naquele comitê.
Como está o seu relacionamento com os integrantes da CIPA em sua empresa? Deixe o seu comentário!
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Treinamento de CIPA – NR-5
O treinamento de membros e designados é tão importante quanto a existência da própria CIPA. É através do treinamento desses agentes da prevenção que conceitos importantes e informações mínimas necessárias lhe serão passadas, pois não se faz prevenção sem conhecimento. Por essas e outras razões que um treinamento de qualidade pode ser fator determinante para encaminhar a gestão da CIPA ou do designado para o sucesso. Foco Consultoria & Treinamentos – Segurança do Trabalho
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