Vigilante is suspended after complaining about sour lunch box – 05/05/2023 – Market

Ellen da Silva Lima, 22 years old, works as a freelance security guard. She had two events scheduled with ESC Fonseccas Empresa de Segurança over the next few days in São Paulo: working at the Alicia Keys show, at Allianz Parque, this Friday (5), and at the game between São Paulo and Internacional, at Morumbi, on Sunday (7).

On Tuesday (2), the day after having reported to Folha the poor working conditions precisely during the Labor Day celebrations, Ellen was dismissed from both events. She reports that she was also blocked in ESC’s WhatsApp groups and in the contacts of the company’s two contractors, with whom she used to arrange jobs.

“They took me off the scale and blocked me. I had been scheduled for two weeks to work at Allianz. They said that the staff has decreased, but that is not true. Other colleagues who will work there said that the staff remains at 700 people”, he says. Ellen.

The blockade left the worker apprehensive. “I need to support my daughters, I need this gig until I find a job with a formal record”, says she, who is the mother of three girls and is separated from the children’s father.

Security was sought after by the ESC after the Sheet contact company representatives to report the case, but now fears retaliation.

“We security guards are often humiliated,” he says. “The coordinators of the ESC events really like to shout when they are going to indicate the positions of each one. If they feel good mistreating people, they are arrogant”, she says.

In addition to the sour marmitex –because, according to Ellen’s account, the food arrives early and is left unrefrigerated until the security guard is scheduled to eat–, the company hires a surplus of security guards for each event. When it gathers the staff it needs, it dismisses the others, without paying the transport, according to it.

“I’ve already been called to an event at Allianz and dismissed when it was my turn, me and about 30 people who were behind me in line”, he says. “I had to ask a cousin to pay for an Uber to pick me up, because she had money from work to pay for the return ride”, says she, who lives in the east zone of São Paulo.

Ellen has been unemployed for a year and a half and has been working for ESC since last year.

“None of the security guards has an intermittent work contract, everyone is a freelancer”, says she, who claims not to have the CNV (National Security Guard Card). “For that, I would need to be registered in the portfolio.”

Union says ‘vigilante frila’ goes against legislation

Ellen’s case reveals part of a complex issue involving the security sector of large events: in general, professionals are not qualified to work as security guards.

“Law 7.102/83 determines that a security guard must have a contract with a legally constituted company”, says the president of SEEVISP – Union of Security, Surveillance and Similar Employees of São Paulo, Antônio Pereira de Oliveira, referring to the legislation that deals with the functioning of private companies that offer security services and the transport of valuables.

What can happen is the intermittent work contract, that is, a sporadic provision of services, but registered in the portfolio. “Doing freelance security guard work goes against the law.”

According to Oliveira, the security guard needs to take training courses in the area, retraining every two years and have a contract in his portfolio to obtain the CNV, issued by the Federal Police’s GESP (Electronic Management System for Private Security). “But what we see all the time is that companies do not follow collective work agreements [CCTs] and they act outside the legislation”, he says. “The CNV is also essential to guarantee that the person has no criminal record.”

According to the most recent CCT, the security guard floor for São Paulo is R$ 140 for a 12-hour day, plus a meal, which must be “of good quality”, Oliveira points out. “If it exceeds 12 hours, common sense says that the company should pay the employee one more meal”, he says.

The legislation says that the company has the right to call a technical reserve (in addition to the total staff foreseen), which can reach 30% of the staff but, in case of dismissal, the CCT determines the payment of R$ 20 as aid for driving cost.

In addition, the security guard also needs to be summoned to work at least three days in advance.

Ellen says it’s not always like that. “I count on my mother to stay with my daughters, outside daycare hours. But as she has health problems, she can’t always stay. The ESC has called me a few times at the last minute and I had to give half of the daily for the person who takes care of the girls”, says she, whose daughters are 2, 3 and 5 years old.

Other side

wanted by Sheet, ESC Fonseccas Security Company was unable to explain what happened to Ellen being blocked in the company’s WhatsApp group. “There is no company WhatsApp group for events, each employee is contacted individually”, said Everson Cremonesi, ESC’s operational manager.

A Sheethowever, had access to the screenshot of the company’s WhatsApp group, which pointed out Ellen’s removal.

Cremonesi thinks that there may have been a misunderstanding due to the fact that Ellen was also blocked by those responsible for hiring the guards, but said that she was already being contacted to work on other events.

The executive affirms that the company follows all the norms to participate in tenders for events held by the City of São Paulo, such as the May 1st Act, in the Anhangabaú Valley – an event that was even attended by President Luiz Inácio Lula da Silva, who promised to generate more jobs in the country and improve the living conditions of workers. At the time, ESC was hired by SPTuris (São Paulo Tourism).

With regard to the dismissal of workers called to work at events, Cremonesi says that the company makes a technical reserve of up to 30% of the workforce – to avoid last-minute personnel failures. “But we have made the payment of R$ 20 as an allowance for driving,” she says.

According to Cremonesi, the ESC has “2,000 employees registered” for the security service. The executive was unable to say, however, how many are hired on an intermittent basis and how many are freelancers. “Some ask to continue as freelancers because they don’t want to lose their right to government aid,” he said.

On the subject of the lunch box that “sours” before being consumed, Cremonesi says he is unaware of this type of occurrence, and that there is a contracted company, “which has a nutritionist”, to provide the meals. “I eat the same food they get at the event,” she says.

questioned by Sheet regarding the problems involving ESC, SPTuris informed, through its press office, that “the company ESC was hired through a bidding process to perform security services at the Labor Day event in Vale do Anhangabaú on May 1 ,” he said in a note.

“The portfolio monitors the provision of services and compliance with contracts. So far, there have been no complaints or labor claims related to the event.”

Asked again by Sheet Regarding the hiring of freelancers by the ESC, against what the legislation indicates, SPTuris informed that “the contract signed with the ESC demanded the performance of duly qualified professionals, with a security guard training course applied by a duly authorized company.”

“It should be noted that SPTuris monitors the provision of services, but labor inspection is the responsibility of the Ministry of Labor.”