Collective Labor Agreement
Collective Labor Agreement
Collective Labor Agreement
WHOLESALE - SINCAMESP
2022/2023
By this instrument and in the best form of law, on the one hand, SÃO PAULO'S
UNION OF PHARMACY PRACTICES AND EMPLOYEES IN THE TRADE OF DRUGS,
MEDICINES AND PHARMACEUTICAL PRODUCTS OF SÃO PAULO, a first-class
union, headquartered at Rua Abolição, 379, downtown , CEP: 011319-010 São Paulo/
SP, registered under CNPJ 62.653.431.0001-04, MTIC Trade Union Charter No.
799.268/1949, with a meeting held from June 1 to 3, 2022, at its registered office, in this act repre
JOÃO CARLOS BASCEGAS, CPF/MF 029.574.768-43 and assisted by his lawyer Dr.
Eliane Alves Slomp, OAB/SP nº 254.513, as representatives of the professional
category, and on the other hand, SINCAMESP - SINDICATO DO COMÉRCIO
WHOLESALE, IMPORTER, EXPORTER AND DISTRIBUTOR OF DRUGS, MEDICINES,
RELATED PRODUCTS, PERFUMERIES, COSMETICS AND TOILET GOODS IN THE
STATE DE SÃO PAULO, a first degree employer union, with a letter of union
recognition signed on 05/15/1941 and statutory amendment registered at the Ministry
of Labor and Employment, through Process no. 46219.026803/2009-86, registered
with CNPJ/MF under no. 52.806.460/0001-05, representative of the economic category
of companies in the wholesale trade of drugs, medicines, related products,
perfumeries, cosmetics and toiletries, with a state territorial base and headquarters
in this Capital, at Rua Barão do Triunfo, 751, Campo Belo, São Paulo, Capital, with
an Extraordinary General Meeting held on 06/08/2022, in this act represented by its
President, SR. REINALDO MASTELLARO, registered with the CPF/MF under no.
322.181.688-04, and assisted by its lawyers JOSÉ LÁZARO DE SÁ, registered with
the OAB/SP No. 305.166, and SUELEN ALVES SANCHEZ, registered with the OAB/
SP under No. 315.671, enter into, based on articles 611 and following of the
Consolidation of Labor Laws, this COLLECTIVE LABOR AGREEMENT, through the following cla
CLAUSE ONE - TERM AND BASE DATE: This Collective Bargaining Agreement will
be in force for 01 (one) year, from July 1, 2022 to June 30, 2023.
Sole Paragraph: The effects of this rule will extend until the signing of a new
Convention, respecting the two-year limit, pursuant to the provisions of art. 614, paragraph 3, of
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
CLAUSE THREE - WAGE FLOORS: The following monthly values are established as salary
floors, applicable to ordinary working hours corresponding to 44 (forty-four) hours per week,
namely:
I) Salary floors for companies as of July 1, 2022, according to the values below:
1. R$ 1,389.00 (one thousand, three hundred and eighty-nine reais) for employees
performing the duties of office boy, packer or packer, replacement assistant and
cleaner; 2. R$ 1,718.00 (one thousand, seven hundred and eighteen reais for
employees in general; 3. R$ 1,885.00 (one thousand, eight hundred and eighty-five
reais) for motorized couriers; 4. R$ 1,974, 00 (one thousand, nine hundred and
seventy-four reais) for employees exercising the role of checker; 5. R$ 2,404.00 (two
thousand, four hundred and four reais) for clerks (sellers), commission agents or
not; 6 . R$ 4,158.00 (four thousand, one hundred and fifty-eight reais for employees
in the position of manager.
II) Salary floors for companies OPTING FOR THE INSTALLMENTS of the salary adjustment, to
be in effect from July 1st to December 31st, 2022, according to the values below:
1. R$ 1,315.00 (one thousand, three hundred and fifteen reais) for employees
performing the duties of office boy, packer or packer, replacement assistant and
cleaner; 2. R$ 1,626.00 (one thousand, six hundred and twenty-six reais for employees
in general; 3. R$ 1,784.00 (one thousand, seven hundred and eighty four reais) for
motorized couriers; 4. R$ 1,869 .00 (one thousand, eight hundred and sixty-nine
reais) for employees exercising the role of checker;
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
5. R$ 2,276.00 (two thousand, two hundred and seventy-six reais) for clerk employees
(sellers), commission or not; 6. R$ 3,936.00 (three thousand, nine hundred and thirty-six
reais for employees in the position of manager.
III- Salary floors for companies OPTING FOR THE INSTALLMENT of the salary adjustment, to be in
effect from January 1st to June 30th, 2023:
1. R$ 1,389.00 (one thousand, three hundred and eighty-nine reais) for employees
performing the duties of office boy, packer or packer, replacement assistant and cleaner;
2. R$ 1,718.00 (one thousand, seven hundred and eighteen reais for employees in general;
3. R$ 1,885.00 (one thousand, eight hundred and eighty-five reais) for motorized couriers;
4. R$ 1,974, 00 (one thousand, nine hundred and seventy-four reais) for employees
exercising the role of checker; 5. R$ 2,404.00 (two thousand, four hundred and four reais)
for clerks (sellers), commission agents or not; 6 . R$ 4,158.00 (four thousand, one hundred
and fifty-eight reais for employees in the position of manager.
SALARY ADJUSTMENTS/CORRECTIONS
FOURTH CLAUSE - SALARY ADJUSTMENT: Fixed salaries or the fixed part of mixed salaries will be
readjusted as of July 1, 2022, the base date of the professional category, as follows:
a) Up to the limit of BRL 10,000.00 (ten thousand reais) by applying the percentage of 11.92% (eleven
point ninety-two percent) levied on wages already readjusted and in force on July 1, 2021.
b) Above R$ 10,000.00 (ten thousand reais) through free negotiation, guaranteed a minimum fixed
installment of R$ 1,192.00 (one thousand, one hundred and ninety-two reais), for employees hired
until July 15, 2021, subject to the proportionality provided for in the readjustment clause for
EMPLOYEES ADMITTED FROM 07/01/21 TO 06/30/22.
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Paragraph One - Companies may grant the adjustment provided for in this clause in
up to 2 (two) installments, both calculated on the salary in effect on July 1, 2021, the
first being as of July 1, 2022 and the second as of January 1, 2023, as follows:
Second Paragraph - Any salary differences relating to the months of July, August
and September 2022 may be paid together with the payroll for the month of October
2022, allowing the compensation of any amounts that have
bem as a proportionality
Fifth Paragraph - The allowance provided for in the above paragraph will be
indemnifying, with no charges or inclusion in the remuneration, pursuant to the
provisions of paragraph 2, of article 457, of the CLT.
Paragraph Six - Companies that choose to apply the readjustment in a single time,
must make the payment together with the accrual sheet for the month of October
2022, as well as the retroactive wage differences for July/2022, August/2022 and
September/ 2022, being exempt from the payment of the pecuniary allowance
provided for above, being allowed the compensation of amounts that have been anticipated i
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Seventh Paragraph - In the termination of an employment contract, both those that occur from
the date of signature of this collective bargaining agreement, and those already processed from
July 1, 2022, even considering the projection hypothesis of prior notice, any wage differences
must be paid on the same dates and within the limits set out above, except due to the anticipation
of installments at the discretion of the company, in which case they will not be due retroactively
from July/2022, considering the guarantee of payment of the proportional allowance provided for
in this clause, which must notify the employee within a maximum period of 10 (ten) days, counted
from the signing of this rule or the date of contractual termination, if later, to appear at the
company in order to receive the severance pay.
Eighth Paragraph With the application of the salary adjustment provided for in this clause, as well
as all legal
obligations contained in Law no. 8.880/94, obliging the contracting parties to settle, with the
application of this Collective Bargaining Agreement, any and all salary differences referring to
this rule.
Paragraph nine -
allowances will not be incorporated, pursuant to paragraph 2 of article 457 of Law 13,467/2017, or
arising from any supervening legislation.
Paragraph ten - Social security and tax charges will be collected at the same time as the payment
of the salary differences referred to above, respecting the deadlines provided for by law.
WAGES ON 1st OF
JANUARY/23
SALARIES ON JULY 1st/21
PERIOD OF SALARIES MULTIPLY WAGES
OVER BRL FOR: OVER BRL
10,000.00 10,000.00
ADMISSION ADD FIXED ADD FIXED
MULTIPLY INSTALLMENT INSTALLMENT
FOR: OF: OF:
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Paragraph one - The second installment of the proportional readjustment will be applied to the readjusted wages on
July 1, 2021, that is, without considering the readjustment of the 1st installment, preserving the calculation basis.
Second Paragraph - Companies that do not choose to pay the salary adjustment in installments
JANUARY
2023 July 2022.
Paragraph three - The readjusted salary cannot be less than the salary of the function, as provided for in the clauses
named ADMISSION SALARY and GUARANTEE OF THE
COMMISSIONER.
Fourth Paragraph - Social security and tax charges will be collected at the same time as the payment of the salary
differences referred to above, respecting the deadlines provided for by law.
SIXTH CLAUSE - UPDATING OF MIXED WAGES: In the case of mixed salaries, the update provided for in the named
clause will affect only the fixed part of the salary, making it clear, however, that the final remuneration,
plus variable,
that is, fixed
cannot be lower than the salary levels provided for in this Collective Bargaining Agreement.
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Paragraph One - Any difference, greater or lesser, in the calculation of the second installment
of the 13th salary, may be paid or compensated together with the reference salary for the month
of January 2021.
Paragraph Two - For employees with mixed remuneration (fixed + variable), this clause will only
apply to the variable part.
Paragraph Three - The companies undertake to demonstrate, upon contractual termination, the
calculation of the aforementioned average.
CLAUSE EIGHT - SALARY ADVANCE (VALUE): The companies will grant, to all employees who
request it, and until the 20th (twentieth) day, an advance of not less than 40% (forty percent) of
the nominal salary.
CLAUSE NINE - DELAY IN THE PAYMENT OF THE 13TH SALARY, VACATION AND SALARY:
The intentional breach of the legal deadlines for payment of vacation or 13th salary will imply
the obligation of the defaulting employer to pay a fine equivalent to 10% (ten percent) of the
employee's salary , which will revert in favor of this.
Paragraph One - Salary not paid by the 5th (fifth) business day following the due date will oblige
the defaulting employer to pay a daily fine of 1% (one percent), calculated from the 6th (sixth)
business day and on the delayed nominal salary, up to the limit of 10% (ten percent), unless
otherwise agreed between the parties, with the assistance of unions representing the professional
and economic category.
Second Paragraph - The amounts corresponding to the fines provided for in this clause will be
updated in the manner recommended by law for the correction of labor debts.
CLAUSE TEN - PROOF OF PAYMENT: Proof of payment must be provided, with a breakdown of
the amounts paid and discounts made, containing the identification of the company and the
value of the FGTS deposits.
WAGE DISCOUNTS
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
CLAUSE TWELVE - ADMISSION SALARY: The employee hired to perform the function
of another, is ensured the perception of the lowest salary in the function, without
considering personal advantages.
GRATIFICATIONS, ADDITIONS, AID AND OTHERS 13TH SALARY
OTHER BONUS
ADDITIONAL OVERTIME
CLAUSE FIFTEEN - ADDITIONAL OVERTIME: Overtime hours worked during the week,
from Monday to Saturday, will be remunerated with an increase of 60% (sixty percent)
and those worked on Sundays and holidays, will comply with the provisions of article 9
of the Law no. 605/49.
NIGHT ADDITIONAL
CLAUSE SIXTEEN - NIGHT WORK - ADDITIONAL: The work performed by the employee
at night, as defined in the labor legislation, will be increased by 30% (thirty percent) on
the contractual hourly wage.
TRANSPORTATION ASSISTANCE
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Paragraph One - In case there is a readjustment of the transport tariff during the month, the
companies undertake to complement the difference that occurs.
Second Paragraph - The benefit granted in the caput of this clause is not considered a salary
amount and cannot be incorporated into salaries, for all purposes and effects.
DEATH/FUNERAL AID
Sole Paragraph - Companies that maintain group life insurance, whose claim value is greater
than the benefit contained in the caput, without charge to employees, are excluded from
complying with this clause.
CHILDCARE ASSISTANCE
CLAUSE NINETEEN - DAY CARE AID: Companies undertake to make a monthly payment in
the amount of R$ 300.00 (three hundred reais), from the return of the maternity aid and up to
the subsequent 12 (twelve) months, per child conceived during the duration of the contract,
to the mother employee, this benefit being limited to the 1st and 2nd conceptions.
Sole Paragraph - If there is dismissal without just cause, the company will indemnify the
installments due for the missing period.
OTHER AID
Sole Paragraph - The employee is obliged to prove the perceived value of the Social
Security, being agreed that, if this benefit added to the value of the advantage
granted exceeds 100% of the salary, the employee must reimburse the surplus to the company.
RETIREMENT
Paragraph One - To the employee who remains providing services to the company,
even after the granting of retirement, the benefit contained in the caput will be paid
only upon definitive removal.
Paragraph Two - The payment of the allowance referred to in this clause may be
made in up to 05 (five) monthly, equal and successive installments.
ADMISSION/HIRING
Sole Paragraph - The employee readmitted to the same function cannot sign a
probationary contract.
EARLY WARNING
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
CLAUSE TWENTY-FIVE - SPECIAL PRIOR NOTICE: Employees over 45 (forty-five) years of age
and with a minimum of 02 (two) and a maximum of 10 (ten) years of employment in the same
company, dismissed without cause , will be entitled to a prior notice of 60 (sixty) days.
Paragraph One - In the case of prior notice worked, the employee will serve 30 days, receiving
the remaining days in cash.
Second Paragraph - The increase granted in this clause will not be cumulative with the
provision contained in Law no. 12,506/2011 (DOU of 10/13/11), that is, the employee will be
entitled to the benefit provided for in this clause or the guarantee provided for in the aforementioned law.
CLAUSE TWENTY-SEVEN - WAIVER OF PRIOR NOTICE: The employee dismissed without just
cause is exempted from complying with and paying the prior notice, provided that he proves
that he has obtained a new job by means of a simple letter from the new employer, in which
case the company is relieved of the payment of the remaining days of notice, and the payment
of severance pay will be made within 10 (ten) days of termination or on the date originally
scheduled for payment, whichever is shorter.
CLAUSE TWENTY-EIGHT - NOTICE LETTER: Employees dismissed for just cause will be
provided with a notice letter, containing the decline of the reasons that led to the dismissal,
under penalty of absolute presumption of unjustified dismissal.
Sole Paragraph - Nullity will be required by the professional union in the Labor Court
based on this clause, regardless of the worker's power of attorney, when the conclusion
of the employment contract between the company and its employee that contains an
arbitration clause is verified, based on the law in question.
1. to the employee, from the beginning of the pregnancy, up to 60 (sixty) days after the
end of the maternity salary period; 1.1. the extended period of temporary stability,
provided for in item 1 above, will only apply to pregnant employees who have at least
90 (ninety) days of service at the company; 1.2. the guarantee provided for in item 1 of
this clause may be replaced by compensation corresponding to salaries not yet
implemented during the guarantee period. 1.3. for dismissals for just cause of the
pregnant employee, the provisions of art. 494 of CLT; 2. to the employee who returns
from sick pay, for 60 (sixty) days from the social security discharge; 3. to the employee
of military service age, including military service, from the date of designation for
incorporation into military service, and up to 60 (sixty) days after discharge; 4. to the
employee who is 24 (twenty-four) months from obtaining retirement, until the date of
acquisition of the right to it, provided that he has at least 05 (five) years of services
rendered to the company.
Sole Paragraph - The benefit guaranteed in the caput of this clause cannot be exchanged
and/or offset against any other right related to the employment contract.
Sole Paragraph - The benefit guaranteed in the caput of this clause cannot be exchanged
and/or offset against any other right related to the employment contract.
Paragraph One - The right provided for in the caput shall be extended to the legal holder
of custody proven by court decision.
Paragraph Two - If the mother and father work in the same company, this benefit may be
granted to one or the other, alternatively, at the discretion of the employer.
Third Paragraph - The benefit provided for in this clause is granted exclusively to an
employee, that is, the mother, father or guardian, subject to the conditions established in
the caput of this clause.
CLAUSE THIRTY-EIGHT - MARRIAGE - ABSENCES: The employee may fail to attend the
service up to 06 (six) consecutive days on the occasion of his wedding, without any
discount, provided that he communicates the fact to the company at least 30 (thirty) days
in advance .
- 14 -
SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
by a) his
expression
legal representative,
of will in writing,
in an individual
on the partorofmultiple
the employee,
instrument,
assisted
which
bycontains
the minor
the normal working hours and the compensable period of overtime, pursuant to
paragraph 2 of the art. 59 of the CLT;
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of salary
the CLT,
increase,
in effect.
b) Hours
worked, in excess of the hours provided for in said legal provision, will be subject to
the surcharge provided for in normal hours; c) the rules contained in this clause will be
applicable, in the case of minors, to work during the day, that is, until 10:00 pm (twenty-
two) hours, obeying, however, the provisions of item I of art. 413 of CLT;
d) once the provisions of this clause have been complied with, the signatory entities of
this Convention undertake, when requested, to provide assistance free of charge to the
parties, except for the publication of notices, in agreements that may be entered into
between employees and employers, members of the respective categories, in the corresponding te
Paragraph One - The adoption of an alternative system that best meets the company's
shift control system must meet the following requirements:
Paragraph Two - Companies are exempt from using a printer mechanism on a paper
reel, integrated into the time clock.
- 15 -
SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Third Paragraph - The companies will provide all their employees with access to the
information contained in the Electronic Point Mirror report through a computerized system,
monthly electronically or printed or in a shorter period, at the discretion of the company.
Paragraph Four - Alternative electronic systems for controlling working hours cannot and
must not admit:
- 16 -
SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Sole Paragraph - The guarantee provided for in the caput of this clause is not to be confused with the Notice
Prior.
CLAUSE FORTY-SIX - SUPPLY OF UNIFORMS: Uniforms will be provided free of charge to employees
by the companies, whenever they require them for the provision of services.
Sole Paragraph - Except in the event of natural wear and tear due to the mandatory use of the
uniform, the employee will reimburse the company for loss or damage, provided that the intentional
or culpable character is proven. Upon termination of the employment contract, the employee must
return the uniforms in his/her possession to the company upon termination.
CLAUSE FORTY-SEVEN - MEDICAL AND DENTAL CERTIFICATE: The certificates issued by the
medical and dental department of the Union, as well as those from other companies that have an
agreement with the Union or with the company itself, will be recognized.
CLAUSE FORTY-EIGHT - UNION OFFICIALS - JUSTIFIED ABSENCES: The managing members of the
raising union entity may be absent for up to 10 (ten) days per year, without prejudice to remuneration,
vacations or any other benefits for participation in assemblies, congresses, meetings, seminars and
other events involving the interest of workers, provided there is no absence of more than 01 (one)
director simultaneously per establishment.
- 17 -
SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Paragraph 1 - The business contribution rate referred to in this clause may be collected from the
month following the signature of this instrument, exclusively at a bank branch listed in the
respective form, in a standard model established by the Federation of
Employees in Commerce of the State of São Paulo - FECOMERCIÁRIOS, or even, in the banking
network, through a compensation form (ticket), in the standard model established by the bank
associated with FECOMERCIÁRIOS, THERE
Paragraph 2 - Employees are guaranteed the exercise of the legal rules in force.
Paragraph 3 - The respective trade union of the professional category will be in charge of forwarding
the forms or slips to the companies, informing the approved percentage.
Paragraph 4 - The business contribution rate cannot be collected directly from the professional
category unions.
Paragraph 5 - The sharing of the total negotiation contribution rate will be made in the proportion
of 80% (eighty percent) for the professional category union and 20% (twenty percent) for
FECOMERCIÁRIOS.
Paragraph 6 - The value of the negotiation contribution rate will revert to the benefit of the social
services of the beneficiary professional union entity and the financial cost of the Assistance
Expansion Plan of the Federation of Employees in Commerce of the State of São Paulo -
FECOMERCIÁRIOS.
Paragraph 7 - Payment made outside the period mentioned in paragraph 1 of this clause will be
increased by a fine of 2% (two percent) in the first 30 (thirty) days.
In the event of a delay of more than 30 (thirty) days, in addition to a fine of 2% (two percent), default
interest of 1% (one percent) per month on the principal amount will apply.
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SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Paragraph 8 - Responsibility for the institution, collection percentages and scope of the discount
rests entirely with the union representing the professional category, with companies being exempt
from any encumbrances or consequences for their employees, with the present discount still being
subject to the provisions of article 462 of the CLT.
CLAUSE FIFTY - EMPLOYER CONTRIBUTION: As resolved at the general meeting that authorized
the execution of this Convention, applicable to members of the economic category, a contribution
was instituted for the cost of collective bargaining, as shown in the following table:
Paragraph One - The collection must be made in accordance with the instructions contained in the
bank slip, which will be provided by SINCAMESP to the companies.
Paragraph Two - Of the amounts collected under the terms of this clause, 20% (twenty percent) will
be attributed to the Federation of Commerce of Goods, Services and Tourism of the State of São
Paulo - FECOMERCIO SP and 10% (ten percent) will be attributed to the Confederation National
Trade in Goods, Services and Tourism CNC.
Third Paragraph - In the event of payment of the employer assistance contribution made after the
deadline, 2% (two percent) will be increased in the first 30 (thirty) days, plus 1% (one percent) per
subsequent month of delay, in addition to interest arrears of 1% (one percent) per month.
Fourth Paragraph - Said contribution covers each establishment, whether head office or branch,
existing in the territorial base of SINCAMESP on June 30, 2021. The amounts to be collected will
comply with the table contained in this clause.
- 19 -
SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
CLAUSE FIFTY-FOUR - NOTICE BOARD: The companies will post notices and
communications from the professional union to their representatives on a board, in
a visible place with easy access to employees.
Sole paragraph: If the termination of the employment contract is not assisted by the
Professional Union, employers may send the Labor Union, by e-mail or by AR, a
copy of the Term of Termination of the TRCT Employment Contract.
- 20 -
SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
CLAUSE FIFTY-SEVEN - NEW SALARY POLICY: In the event of a change in the current Salary
Policy, which implies an imbalance in the conditions set forth herein, the parties undertake to
carry out negotiations on the subject, seeking to rebalance the agreement.
CLAUSE FIFTY-EIGHT - FINES FOR BREACH OF THE AGREEMENT: A fine of BRL 92.00 (ninety-
two reais) per month is established, per employee, from the date on which the infraction is
committed for breaching the clauses established in this Collective Agreement of Work, and
until the fulfillment of the obligation and the payment of the respective fine, the value of which
will revert in favor of the aggrieved party.
Paragraph One - The fine established in this clause will be limited to the amount of the
employee's nominal salary.
Paragraph Two - In obligations arising from clauses in which the professional union is the
beneficiary, a prior attempt at conciliation between the union and the company, with the
participation of SINCAMESP and SINPRAFARMA SÃO PAULO, shall be mandatory, before the
adoption of judicial or administrative measures aimed at to the implementation of the obligation
and payment of the fine provided for in the caput.
Paragraph Three - The fine provided for in this clause shall not be cumulative with the fine provided for
REINALDO MASTELLARO
PRESIDENT
JOSE LAZARO DE SA
Attorney
- 22 -
SINPRAFARMA - Union of Wholesalers, Importers, Exporters and Distributors of Drugs,
SP Rua Abolição, 379 Medicines, Related Products, Perfumeries, Cosmetics and Toiletries in
Centro São Paulo/SP the State of São Paulo
Phone: (11) 3111-9029 Rua Barão do Triunfo, 751 - Brooklin
www.sinprafarmasp.org.br CEP 04602-003 - São Paulo - SP
Fone/Fax: (11) 5090-8980
e-mail: sincamesp@sincamesp.com.br
Machine Translated by Google
Machine Translated by Google