Irregularity that affects few employees does not constitute collective damage

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If a company's illicit conduct affects few workers, it is not serious enough to be characterized as an affront to society's fundamental values. Therefore, it is not appropriate to order compensation for collective moral damages. reproduction The Campo Grande bus company disrespected labor rights Reproduction This understanding was adopted by the rd Panel of the Superior Labor Court to maintain the decision that absolved Viação São Francisco Ltda., of Campo Grande, from paying compensation for collective damages for having neglected health and safety standards relating to weekly rest and breaks intraday. According to the panel, the appeal filed by the Public Ministry of Labor (MPT) did not meet the legal requirements for it to be admitted. The MPT opened an investigation in July against the company, based on complaints from workers, and said it had found a lack of weekly rest for some employees and irregularities in intra-workday breaks. Faced with the company's refusal to comply with the conduct adjustment agreement (TAC), the MPT filed a public civil action arguing that the company had distorted the paid weekly rest period and had not proven the regularity of the intra-workday break.

When judging the case, in April , the first Greece Phone Number instance court understood that it was a matter of non-compliance with contractual employment clauses by the employer, with the specific requirements authorizing the filing of a collective civil action not being met, and deemed the case to be terminated. The sentence was upheld by the Regional Labor Court of the th Region (MS), for whom the imposition of collective moral damages was not justified, as "systemic anti-legality" was demonstrated. According to the regional court, despite the violations of the rules governing intra-workday breaks and weekly rest, "the irregularity was punctual, especially considering a universe of employees". However, the TRT determined that the company complied with the TAC and imposed a fine of R$ for non-compliance per affected worker and for verified infraction. The MPT then took the case to the TST, asking for the decision to be reformed, but was unsuccessful. The rapporteur of the review appeal, Minister Agra Belmonte, considered the situation atypical, since, despite the fine imposed, the TRT had understood that it was not a case of moral damages. For the rapporteur, the action does not offer transcendence in relation to the social, political or legal consequences provided for in article -A, paragraph , items II, III and IV, of the CLT.



The decision was unanimous. With information from the TST press office. Click here to read the ruling— the employer's so-called just cause . With this understanding, the nd Panel of the Regional Labor Court of the th Region recognized the complainant's right to indirect termination of her employment contract. Disclosure TRT- understands that non-payment of FGTS leads to indirect termination of the contract. Disclosure The court of the rd Labor Court of Aparecida de Goiânia (GO) understood that the proof presented by the company of the installment of land debts with Caixa would be sufficient to dismiss the woman's request as unfounded. The rapporteur of the case at the TRT, Mario Sergio Bottazzo, pointed out that the Superior Labor Court has jurisprudence to the effect that, even if the employer proves the payment of land debts in installments, the failure to regularly collect FGTS deposits constitutes sufficient reason to lead to indirect termination of the employment contract. The employer's repeated irregular behavior was proven and constitutes serious misconduct on his part. According to labor legislation, the employer's misconduct is one of the reasons that give rise to indirect termination of the contract.