Costumamos comparar a gestão de condomínio com a de empresa, e isso fica ainda mais evidente e próximo quando o assunto é contratação e gestão de funcionários de condomínio. O condomínio, assim como uma empresa, tem obrigações legais com esses funcionários, e qualquer descuido pode resultar em desagradável e desnecessário processo trabalhista. Por isso, é necessário que o síndico e demais gestores tenham suas ações respaldadas na legislação.

Uma dúvida frequente dos síndicos ao montarem seus quadros de funcionários é: Que tipo de contratação devo fazer? Tipo CLT ou Serviço Terceirizado? 

Ambas as formas de contratação tem suas vantagens e desvantagens, vamos relacionar alguns pontos que achamos importantes serem levados em conta para a tomada de decisão, que será de acordo com o cenário de cada condomínio.

Tipo CLT (Carteira assinada)

Esse tipo de contratação exige Assessoria Condominial (ou Administradora) competente, pois a CLT é minuciosa e detalhada. Primeiramente, para estar apto a assinar a carteira de trabalho de um profissional, algumas obrigações são necessárias ao condomínio: inscrever-se no Cadastro Nacional de Pessoa Jurídica – CNPJ, cadastrar os empregados no PIS/PASEP, anotar a Carteira de Trabalho e Previdência Social (CTPS) dos seus empregados, entregar o Cadastro Geral de Empregados e Desempregados (CAGED) e elaborar e recolher a Guia de Recolhimento da Contribuição Sindical (GRCS), Guia Recolhimento do INSS e do FGTS, administração das rotinas trabalhistas (férias, demissão, contratação, anotações em carteiras e livros, declarações ao governo), RAIS.

Ao contratar um funcionário, além de encargos, há uniformes, EPIs e o custo de demissões. Além disso, toda a responsabilidade legal fica a cargo do síndico, o que pode gerar grandes dores de cabeça em casos de ações da justiça. Outro fator que encarece esse tipo de contratação é o tempo de trabalho, que encarece uma possível demissão, e a rotatividade de funcionários gera despesas e desgates incalculáveis.

Por outro lado, esse tipo de contratação conecta o condomínio ao funcionário de uma forma que o serviço terceirizado não consegue, resultando em uma maior qualidade do trabalho prestado e satisfação do profissional. Cabe ao síndico se empenhar em estudar a legislação e se resguardar, para que nenhum susto atrapalhe esse vínculo. Uma dica para uma gestão segura de funcionários contratados pelo tipo CLT, é contar com ajuda de um Assessoria Condominial (ou Administradora), pois elas possuem departamento jurídico que o apoie.

Tipo Serviço Terceirizado

Esse tipo de contratação requer menos empenho do síndico no que se diz respeitos às rotinas trabalhiastas, que serão tratados pela empresa gestora dos funcionários, mas exige um grau maior de atenção na fiscalização dos serviços dos terceirizados e da empresa contratada.

Uma das principais vantagens desse tipo de contratação dá-se pelos casos de afastamentos, onde a empresa terceirizada envia um substituto quando o funcionário principal não pode comparecer ao trabalho, e uma das principais desvantagens é justamente o vínculo que o profissional em si deixa de ter com o condomínio, uma vez que ele é empregado de outra empresa.

No serviço terceirizado, a Justiça Trabalhista atribui ao contratante dos serviços a co-responsabilidade em relação ao empregado. Ou seja, se a empresa terceirizadora da mão-de-obra falir, ou não recolher a qualquer momentos os encargos trabalhista dos funcionários, o contratante (condomínio) terá que pagá-los (no caso duas vezes porque já teria pago da primeira vez na emissão da nota fiscal).

Feitas as contratações, cabe ao síndico gerenciar da melhor maneira possíveis todos esses funcionários. Algumas dicas para facilitar esse trabalho, são: 

Definir bem a escala dos funcionários – Assim como nas empresas, um dos gastos mais mal feitos são de horas extras, pois nem sempre elas são realmente necessárias, e acabam ocorrendo por erros simples mas que são esquecidos na gestão. Uma escala de trabalho bem definida evita esse problema, e as horas extras são acionadas somente quando necessário.

Gerencie legalmente – Já falamos disso no início do post, mas devemos enfatizar que a gestão deve ser realizada dentro do escopo das leis trabalhistas. Não permita que funcionários trabalhem antes de serem regularizados. Se você não tem disponibilidade para tal, considere a contratação de Assessoria Condominial (ou Administradora), ambos atuarão nessa assistência judicial fundamentalmente e necessária.

Atente-se ao relacionamento dos funcionários com os moradores – Os condôminos não são chefes dos funcionários, portanto não podem abordar os profissionais sugerindo condutas. Cabe ao síndico gerenciar essa relação entre moradores e funcionários da melhor maneira possível.

Alguma dúvida ou alguma dica? Conta pra gente! Aproveite para consultar nosso ebook (Boas práticas para gestão de funcionários – O guia do Síndico) sobre o assunto clicando aqui!

Até a próxima!

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