With the privatization of Correios, some changes in the staff and services led to investigations by the Public Ministry of Labor (MPT). In this case, the agency discovered that the agencies in the city of Ribeirão Preto (SP) hired outsourced employees to replace the postmen. As a result, the 6th Labor Court of Ribeirão Preto prohibited the company from contracting these services.
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Since 2009, some Post Office functions require approval in public tenders to be carried out, including the post office agent activity, which includes drivers and couriers. However, when carrying out a visit to the Ribeirão Preto Order Delivery Center, the MPT discovered that the outsourced employees carried out the same functions as those individuals who had been hired.
After a complaint, an investigation was carried out in which the Post Office admitted that two outsourced companies in the city were hired to provide the drivers to transport the cargo.
In this case, individuals who made deliveries by themselves ended up also falling into the “motorized vehicle” activity, which follows the Post Office Positions, Careers and Salaries Plan. Thus, the attorneys found the situation to be a usurpation of a service that should only be performed by the postal agent.
The MPT decided that Correios will have 180 days to adapt the staff of public servants. If you do not comply with the decree, the company must receive a fine of R$ 1,000 per day. Correios, on the other hand, informed that there will be a manifestation of the case only in court, where it should appeal to the TRT-15 (Regional Labor Court of the 15th Region).
Even with the privatization of the company and after the labor reform, the law still makes it clear that outsourcing the activity is not allowed. After all, Law 13467/17 had no intention of removing the requirement for public tenders from the Constitution. Therefore, according to Judge Andressa Venturi da Cunha Weber, this directly offends article 39, II, CF/88, which prohibits the hiring of outsourced employees to carry out activities inherent to the personnel public servant.
