TRT- recognizes the employment of a worker who was dismissed but continued as...
The nd Panel of the Regional Labor Court of the th Region (TRT-RS) recognized the employment relationship of a worker who was dismissed from a private pension company but continued to provide IT services for it through his own micro-company. Marcos Santos/USP Images Marcos Santos/USP Images For the judges, the evidence in the case demonstrated that the worker remained in an employment relationship even when he began to act as a legal entity: there was monthly payment, his activities were subordinated to hierarchical superiors of the company and he attended the headquarters almost daily to provide services. in a personal way. The decision confirmed, in this aspect, the sentence of the court of the nd Labor Court of Porto Alegre. According to the process, the author was hired in August to work as a design analyst and was dismissed without cause in September After the dismissal, he continued to provide services for the employer, from September to May , through a company incorporated in its name.The worker filed a lawsuit to request, among Greece Phone Number other requests, recognition of the employment relationship in this second period. In the first instance, the judge highlighted that the company representative's testimony admitted that the worker, after being sent away, continued carrying out the same activities and, initially, reporting to the same hierarchical superior. The judge concluded that the legal entity was created so that the author could continue to provide services to the employer, who was "masking the employment relationship". The judge highlighted that this constitutes labor fraud, as constitutionally foreseen social rights were not granted. Upon recognizing the employment relationship, the sentence condemned the company to pay prior notice, accrued and proportional vacations, and full th salary, among other labor payments.
https://zh-cn.b2clead.me/wp-content/uploads/2024/03/999-1.jpg
The rapporteur of the ruling in the second degree, judge Maria Silvana Rotta Tedesco, highlighted that, for there to be an employment relationship, the requirements of articles and of the CLT must be met: there is an employer and a worker, who provides services on a personal basis, customary, onerous and with legal subordination. Furthermore, she added that proving an employment relationship depends "not on what the parties have agreed upon, but on the real situation in which the worker finds himself placed". Therefore, based on the evidence in the case, the ruling maintained the understanding of the first degree and recognized the employment relationship during the period in which the author provided services via a legal entity. The decision was unanimous in the nd Panel. Judges Marçal Henri dos Santos Figueiredo and Alexandre Corrêa da Cruz also participated in the trial. The decision may be appealed to the Superior Labor Court (TST). The case number was not disclosed. With information from the TRT- press office.
頁:
[1]