Post by account_disabled on Feb 22, 2024 5:01:29 GMT -5
To guarantee provisional stability for directors of corporate companies, it is necessary that the activity of the collective organization has a clear similarity with business activity. Thus, the 15th Labor Court of Fortaleza denied a request for stability to a former public accounts manager for a pharmaceutical industry who held a management role in a retailers' cooperative. reproduction reproduction The man was dismissed at the time he worked at the Consumer Cooperative of Managers, Propagandists and Salespeople of the State of Ceará (Cooprovesce). Based on article he intended the recognition of stability, the nullity of the dismissal and his reinstatement in employment. The company claimed that the cooperative's field of activity was unrelated to the company's activity. Judge João Carlos de Oliveira Uchoa accepted the defense’s arguments. He stressed that the law in question ensures provisional stability for employees elected directors of cooperative societies, but recalled that this only occurs if they carry out in the company some activity relevant to the professional category of the cooperative in question. In this specific case, the employee held a managerial role in the company, and not as a propagandist, as he claimed. Furthermore, the judge highlighted that the cooperative's corporate purpose would not be "relevant to the employer's predominant economic activity, which is the manufacture of allopathic medicines for human use." The author was also ordered to pay legal fees and court costs.
He worked on the case at Chiode Minicucci Advogados . In cases Finland Mobile Number List of establishing compensation for pensionable material damage due to lifelong incapacity for work, if payment is made in advance in a single installment, it is necessary to apply a reducing discount, which takes into account the reduction in working capacity, remuneration, age and life expectancy of the worker. reproduction reproduction Therefore, the 8th Panel of the Superior Labor Court determined the application of a 30% reduction on the total value of compensation for material damage in a single installment, attributed to a metal parts industry. The Regional Labor Court of the 2nd Region had recognized an employee's inability to work due to an occupational disease, in addition to her right to compensation for material damage in the form of a monthly pension. The court also determined that the payment be made in a single installment, with an amount corresponding to 12.5% of the employee's salary and 13th salary, from the time she was discharged from social security until the date she turned 75 years old. The company, represented by lawyer Carlos Roberto Pegoretti Júnior , claimed that the application of the reducer would be necessary, in accordance with article 950 of the Civil Code. At the TST, minister rapporteur Dora Maria da Costa highlighted that there must be an adaptation of the value for the advance payment of the mental pension in a single installment, "in order to prevent unjust enrichment in the face of the immediate perception of a high amount, which allows It is up to the employee to manage the amount received as he sees fit, constituting a benefit to the worker". According to the judge, the application of the reduction does not cause a difference between the damage and the compensation, but only an adjustment of the amount based on the anticipation of payment and the extent of the damage.
The recommendation of face-to-face work in favor of the psychological and physical maintenance of a worker is not capable of overcoming the employer's responsibility towards third parties who may suffer the consequences of the end of the home office. This was the conclusion of the 17th Labor Court of Fortaleza, which dismissed the request of a Caixa Econômica Federal employee to return to in-person work as unfounded. 123RF Court denies employee's request to return to in-person work 123RF In the labor action, the employee aimed to return to in-person work, claiming he was suffering severe spinal pain and depression due to working from home, conditions that kept him away from work for certain periods in 2020. According to the judge in the case, André Esteves de Carvalho, the Constitution guarantees the inviolability of the right to life. Therefore, even if the worker assumes the risks of returning to in-person work, it is up to the State to protect the right to life, and the holder of this right cannot dispose of his right. In this scenario, the judge pointed out, the Protocol of Intent between the Public Ministry of Labor, the Federal Public Ministry and Caixa Econômica Federal, which aims to adopt measures to prevent Covid-19, must be respected, as it protects the life of the worker. "The strict standard of health security due to the pandemic is fully justifiable in the current historical moment we are experiencing, following the determinations of the CLT.
He worked on the case at Chiode Minicucci Advogados . In cases Finland Mobile Number List of establishing compensation for pensionable material damage due to lifelong incapacity for work, if payment is made in advance in a single installment, it is necessary to apply a reducing discount, which takes into account the reduction in working capacity, remuneration, age and life expectancy of the worker. reproduction reproduction Therefore, the 8th Panel of the Superior Labor Court determined the application of a 30% reduction on the total value of compensation for material damage in a single installment, attributed to a metal parts industry. The Regional Labor Court of the 2nd Region had recognized an employee's inability to work due to an occupational disease, in addition to her right to compensation for material damage in the form of a monthly pension. The court also determined that the payment be made in a single installment, with an amount corresponding to 12.5% of the employee's salary and 13th salary, from the time she was discharged from social security until the date she turned 75 years old. The company, represented by lawyer Carlos Roberto Pegoretti Júnior , claimed that the application of the reducer would be necessary, in accordance with article 950 of the Civil Code. At the TST, minister rapporteur Dora Maria da Costa highlighted that there must be an adaptation of the value for the advance payment of the mental pension in a single installment, "in order to prevent unjust enrichment in the face of the immediate perception of a high amount, which allows It is up to the employee to manage the amount received as he sees fit, constituting a benefit to the worker". According to the judge, the application of the reduction does not cause a difference between the damage and the compensation, but only an adjustment of the amount based on the anticipation of payment and the extent of the damage.
The recommendation of face-to-face work in favor of the psychological and physical maintenance of a worker is not capable of overcoming the employer's responsibility towards third parties who may suffer the consequences of the end of the home office. This was the conclusion of the 17th Labor Court of Fortaleza, which dismissed the request of a Caixa Econômica Federal employee to return to in-person work as unfounded. 123RF Court denies employee's request to return to in-person work 123RF In the labor action, the employee aimed to return to in-person work, claiming he was suffering severe spinal pain and depression due to working from home, conditions that kept him away from work for certain periods in 2020. According to the judge in the case, André Esteves de Carvalho, the Constitution guarantees the inviolability of the right to life. Therefore, even if the worker assumes the risks of returning to in-person work, it is up to the State to protect the right to life, and the holder of this right cannot dispose of his right. In this scenario, the judge pointed out, the Protocol of Intent between the Public Ministry of Labor, the Federal Public Ministry and Caixa Econômica Federal, which aims to adopt measures to prevent Covid-19, must be respected, as it protects the life of the worker. "The strict standard of health security due to the pandemic is fully justifiable in the current historical moment we are experiencing, following the determinations of the CLT.