Questão jurídica principal
Whether Art. 341(1) OR bars waiver of mandatory rights from a collective labour agreement
Decisão extraída
Yes. The wage increase and bonus rights under the GAV were mandatory rights; both the 20 December 1974 waiver and the 25 June 1976 saldo receipt were null.
Fundamentação extraída
Art. 341 OR protects employees from pressure during employment and extends to mandatory GAV provisions via Art. 357(2) OR; the agreement and receipt therefore could not validly waive these claims.