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Understanding that the arguments presented did not support the prohibition on the dismissal of an entire community, judge Fabiano Holz Beserra, from the Regional Labor Court of the th Region, suspended, in an injunction, a decision that had prevented Sport Club Internacional from dismissing workers in mass without subjecting them to tests for Covid- Reproduction/Twitter The injunction had canceled the mass layoff of Inter employees until medical examinations were carried out, such as the RT-PCR Reproduction/Twitter The th Labor Court of Porto Alegre had considered that the sports club should prove the appointment of dismissal medical exams, including blood tests and RT-PCR. Consequently, they should also extend their health plans until results are available. One of the arguments behind the decision was that at least two workers had been affected by illness or an accident at work, and could not be dismissed because they were not really able to perform their duties. But Judge Beserra considered that this premise did not make all layoffs illegal. "The characterization of occupational disease is too particularized for a small sample like this (two cases), even in a collective action, to be able to serve as support to determine the reintegration of an entire group of workers, in relation to whom there is no news no other specific illness", he highlighted.
The judge also recalled that the Greece Phone Number dismissal of workers can only be prohibited when the suspension of the employment contract results from the granting of social security benefits, common or accidental, or accidental stability. In the records, however, there would be "no news even of the granting of social security benefits of a common nature". The injunction assumed that many of the employees could have contracted Covid- But the judge noted that no concrete case of contamination was identified. “Furthermore, this rapporteur is unaware — and it is also not mentioned in the attacked decision — the legal or regulatory requirement for a Covid- testing exam in a dismissal exam at football clubs,” he noted. The prohibition of dismissal was also based on the need for prior negotiation with the representative union. Beserra, however, recalled that the labor reform removed this imposition by including article -A in the CLT. "Until protection against arbitrary or unfair dismissal is regulated by complementary law, the unjustified termination of the employment contract only gives the right to the payment of a fine equivalent to % of the deposits collected to the FGTS in the account linked to the employee", he recalled. the magistrate.Salary reduction during the Covid- crisis can only occur with the employee's agreement.
Thus, the Labor Court of Nova Mutum (MT) ordered a school to pay full remuneration to a general services assistant. reproduction reproduction Last year, the author was dismissed without just cause and did not receive the salary for the last month of work nor severance pay such as notice, vacation and th salary. The company had joined the emergency employment and income maintenance program established by Provisional Measure / , but the employee claimed that the salary reduction would have remained even after the time limit. Therefore, she went to court and asked for the salary differences to be paid. The school argued that the financial difficulties worsened by the health crisis would have made it impossible to fulfill labor obligations. He maintained that the situation should be classified as force majeure and that the fine for delays should be reduced. "The salary reduction only takes place when the employee, in writing, agrees so, which did not happen, as there is no written agreement between the parties in the case", observed judge Pedro Ivo Nascimento. He also did not find any collective norm that would authorize such a reduction. The judge also highlighted that the employer cannot use the force majeure argument to suppress the worker's rights, as it is up to him to bear the risks of economic activity.
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發表於 2024-3-12 17:38:23