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As determined by the labor reform (Law No. ,/), the discount of union contributions from a company's employees can only be carried out with individual authorization, even if there is a provision in a collective rule. This understanding was adopted by the th Panel of the Superior Labor Court to dismiss the request made by a union in the city of Araraquara (SP) for the discount to be made based on collective permission. STIU-MT Approval in the assembly is not enough for the STIU-MT discount to be carried out In the labor complaint, filed in April , the Union of Employees in Cleaning and Conservation Companies and Workers in Urban Cleaning of Araraquara, São Carlos, Matão and Region argued that there was express deliberation and authorization of payroll deduction in the category's collective standards . Therefore, it requested the retention and transfer of the amounts to the employees of Sodexo Facilities Ltda. The Regional Labor Court of the nd Region (interior of São Paulo) maintained the sentence of the th Labor Court of São Paulo, which had deemed the request valid.
"In honor of the principle of collective Greece Phone Number private autonomy, the negotiated norm must prevail over the legislated norm, thus granting maximum effectiveness to constitutional norms", highlighted the regional court. However, the rapporteur of the company's review appeal, Minister Brito Pereira, explained that, with the legislative change "In this context, given the risks of economic activity (article of the CLT) and the special and potential risks arising from the exercise of the business activity undertaken (article , sole §, of the CC), the defendant is objectively liable for the damage suffered by the author, there being no offense to article , XXVIII, of the Federal Constitution", he stated. introduced by the labor reform, union contributions are no longer mandatory — their payment becomes the employee's option. "The authorization to do so must be prior, express and individual", stated the rapporteur. According to the minister, although article of the CLT does not require authorization to be individual, the greater effectiveness of the rule that guarantees the employee's ability to pay union dues is only achieved through the interpretation that, for the discount to be carried out, authorization must be individual.
Disclosure The TST freed Sesi from being ordered to pay compensation to a former employee . In the review appeal presented to the TST, Sesi contested the decision of the Regional Labor Court of the 15th Region (interior of São Paulo) that recognized the employee's right to pre-retirement stability, guaranteed in a collective norm, and declared the dismissal null and void. The regional court also ordered the institution to pay compensation for moral damages in the amount of R$5,000, considering that the conduct of dismissing the employee "unfairly and illegally", and frustrating her expectation of retiring, violated her dignity. The rapporteur of the Sesi review appeal, minister Dora Maria da Costa, maintained the nullity of the dispensation. However, in relation to moral damage, she argued that, according to TST jurisprudence, unjustified dismissal during the period of stability, in itself, does not give the right to payment of compensation for moral damage: effective demonstration of offense is required personality rights, especially regarding proof of damage. According to the minister, in the TRT's decision there is no effective proof of an offense against the employee's personality rights, "and there is not even any demonstration of the actual loss arising from her dismissal in the pre-retirement period". The decision was unanimous. With information from the TST press office.
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發表於 2024-3-12 17:48:55