Company is condemned for collective moral damages for requiring work in trade on holidays

March 28, 2018

Source: TST-Superior Court of Labor at Solar Trade and agribusiness Ltda., of Montenegro (RS), was condemned by the sixth class of the Superior Court of Labor as a result of "systematic and widespread offence" to the essential rights of its employees, By requiring them to work on holidays without authorization in a collective norm. The company must pay compensation for collective moral damage of R $200 per employee reached, reversed to the Worker Support Fund (FAT). The Regional Court of the work of the 4th region (RS) had judged unfounded the claim of the Union of employees in Montenegro's trade condemnation of the company in moral damage, with the understanding that the requirement to work on holidays without forecast Normative, generated only material order damage, which would be resolved with the correct consideration to work in such days, or the granting of compensatory clearance. In examining the Union's appeal to the TST, the rapporteur, the judge convened by the Commissioner, the representative of the law, was considered as a violation of article 6-A of the 10.101/2000 Act, which permits the work on holidays in trade since authorised in the Convention Collective and observed municipal legislation. "Sentencing to pay compensation for collective moral damage aims to repress illicit conduct that has achieved legally protected social assets or values," the rapporteur explained. "This is thus a systematic and widespread offence, transcending the subjective sphere of the injured employees." The decision was unanimous. After the publication of the judgment, declaratory embargoes were opposed, not yet examined. Case: ARR-964-96.2013.5.04.0261 aggravation of the plaintiff's instrument. In 40 of the TST. Civil public action. Generic sentence. Proof of the allegations. Mandatory. Devoid. In view of the absence of infringement of the indicated devices and of the non-observance of art. 896, "a" and § 8 of the CLT, there is no way to admit the magazine appeal. Of an instrument that is known and to which it is denied. Aggravation of the claimant's instrument. In 40 of the TST. Collective MORAL damage. Commercial establishment. I work on holidays. Absence of authorisation in a collective norm. Demonstrated possible violation of art. 6th-A of the Law No. 10.101/00, the aggravation of the instrument must be provided. Of the instrument that is known and to which it is provided, to determine the processing of the magazine resource. Claimant's magazine appeal. Collective MORAL damage. Commercial establishment. I work on holidays. Absence of authorisation in a collective norm. The EG. TRT recorded that the respondent did not present a collective norm that authorizes the work on holidays. Pursuant to article 6a of Law No. 10.101/2000, "The work on holidays is permitted in the activities of trade in general, provided that it is authorised in a collective convention of work and observed the municipal legislation under the terms of art. 30, item I, of the Constitution. " This is thus a systematic and widespread offence, transcending the subjective sphere of the injured employees to claim compensation for collective moral damage. A magazine resource that is known and the one that is given a partial.   Source: TST-Superior Court of Labor


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