Marlos Melek, member of the final drafting committee of the Labor Reform, in his lecture at the Legal Security panel, during the ABES Software Conference, held on September 18, in São Paulo, spoke of the benefits, especially for small and medium-sized entrepreneurs and also for the workers of the approval of the labor reform, which was amended by 209 points.
“The new law changes the hostility with which the government treats entrepreneurs in the labor sphere. Small mistakes generate big punishments”, he said, pointing out that in labor justice today it is necessary to pay to appeal, which does not happen in the civil sphere. “The reform brings freedom, legal security and simplification”, said the judge, who also addressed several other aspects, such as negotiation between the parties and intermittent work: “With the creation of intermittent work, today's informal workers will have a formal contract. and will start working when called upon to meet a specific demand”. See the presentation here.
Lawyer Thiago Luís Sombra, partner at Mattos Filho, a specialist in corporate ethics, spoke about governance and anti-corruption structures. He highlighted the connection between business ethics, governance and data protection and compared the Anti-Corruption Act with similar laws in the States and the UK. British legislation, for example, can punish managers, employees and subcontractors who even fail to prevent corruption.
"IT companies must adopt corporate ethics practices and procedures as a way to mitigate damage and avoid sanctions and liability". The adoption of these practices, according to Thiago, does not compromise competitiveness: “If your product has a market differential based on innovation, anti-corruption is just a detail in your sales and promotion procedure within the market. There is no way you can lose competitiveness if innovation is your flagship”. Check the presentation here.
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Closing the panel, Manoel dos Santos, legal director of ABES, drew attention to the legal uncertainty regarding tax legislation. He made a retrospective of the challenges already overcome in the past and the current conflicts, as is the case of the taxes levied on remittances abroad. “Paying to the represented companies to have the right to commercialize the software is not an import, it is a right to distribute”, he said.
The jurist also pointed out the insecurities resulting from state laws that consider charging ICMS on software. “We are at risk of state inspection going to each one of us and, based on a decree that has no support in the law, committing an act of infraction”, he warned. She also mentioned ABES' initiatives for the negotiation of tax issues with parliamentarians and the Federal Supreme Court (STF), where processes that request the collection of ICMS on software are in transit. Access the presentation here.
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