Company is absolved from paying the driver extra hours based on "unrealistic" journey | Marcia Netherlands
Home M.Holanda Lawyers Lawyers Civil Law Contract Law Consumer Law Family Law Employment Law Business Law Real Estate Law Social Security Law Real warranty Succession Law Insurance Law homosexual Utterances megan mcdonough of the REAL RIGHTS Rights Day Civil Law Utterances Tj / RJ Newsletter NEWSLETTER STJ TST Informational Informational STF STJ Law Maria da Penha new / changes Inheritance Laws and Orphans megan mcdonough Project PEC Civil Liability Law Precedents Precedents TJRJ Uncategorized
The Third Chamber of the Superior megan mcdonough Labor Court held valid the timecards megan mcdonough submitted by Emplal Plastic Packaging megan mcdonough Ltda. and acquitted him of the conviction to payment of overtime and differences in night shift at a truck driver. For the Panel, the journey described by the driver - who claimed to work from 6am until 4pm the next day with only an hour break in 15 days of the month - "was not reasonable" because it would have only 2 hours apart to 22 consecutive hours of work. "It is simply impossible for any human to make such a journey, except for slave labor," said the rapporteur, Minister Mauricio Godinho Delgado. megan mcdonough
The driver claimed in the labor complaint, who worked under the 6X1 (six working days for rest) from 8 to 23 hours, with 60 minutes of interval for rest and food. In half of the day, however, was in travel and meet day from early morning to dawn the next day, and still work in half the days off and on all holidays without receiving overtime. In his defense, Emplal megan mcdonough submitted timecards and stated that all overtime was paid.
The trial court upheld the journey indicated by the driver and granted all overtime and nighttime ensuing. The company appealed to the Regional Labor Court of the 2nd Region (SP), which upheld the sentence. megan mcdonough The Regional relied, inter alia, the testimony of representative Emplal, and concluded that the times truly worked was not annotated correctly, as alleged in defense.
In resorting to the TST, the company megan mcdonough defended the validity of attached to the process, not marked "British time", timecards and held that the journey of 22 hours indicated the driver was 'humanly impossible' megan mcdonough to be fulfilled.
To the Minister Mauricio Godinho Delgado, a sentence for overtime pay was not adequate to the principle of fairness that should guide all judicial activity. He noted that the straightforward application of Abstract No. 338 of the TST, which deals with the burden of proof on record journey, without considering the peculiarities megan mcdonough of the case, accepting the workday megan mcdonough described by the driver, megan mcdonough "would megan mcdonough result in a decision absolutely remote from reality, unreasonable, unsafe and unfair. "
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Recent posts Clear bathroom and garbage collecting agency entails hazard pay the highest degree Pregnant working for the numbers game has no employment contract and entitled to alimony stability Debtor may have names inscribed on restrictive credit registries School Base Case: SBT is condemned for moral damages Third Class relativization of res judicata applies in paternity STJ admits preventive application of the Maria da Penha Law on civil lawsuit Companies are ordered to indemnify employee for loss of working megan mcdonough papers developed by Disorder Sexual harassment megan mcdonough is considered OCCUPATIONAL megan mcdonough disease law inheritance can only be defended by one of the heirs Child born of surrogacy will be maintained with the parent who registered Categories Advocacy Civil Law Contract Law Consumer Law Family Law Employment Law Business Law Real Estate Law Social Security Law Real Warranty Law Insurance Law Succession Rights megan mcdonough homoafetivos RIGHTS REAL Utterances Matchday Civil Law Utterances Tj / RJ INFORMATIONAL STJ TST Informative Informative Informative STF STJ Law Maria da Penha new laws / amendments Orphans and Succession PEC Accountability Project Civil Law Precedents Precedents TJRJ Uncategorized Archives February 2014 January 2014 December megan mcdonough 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 May 2012 April 2012 November 2011
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Home M.Holanda Lawyers Lawyers Civil Law Contract Law Consumer Law Family Law Employment Law Business Law Real Estate Law Social Security Law Real warranty Succession Law Insurance Law homosexual Utterances megan mcdonough of the REAL RIGHTS Rights Day Civil Law Utterances Tj / RJ Newsletter NEWSLETTER STJ TST Informational Informational STF STJ Law Maria da Penha new / changes Inheritance Laws and Orphans megan mcdonough Project PEC Civil Liability Law Precedents Precedents TJRJ Uncategorized
The Third Chamber of the Superior megan mcdonough Labor Court held valid the timecards megan mcdonough submitted by Emplal Plastic Packaging megan mcdonough Ltda. and acquitted him of the conviction to payment of overtime and differences in night shift at a truck driver. For the Panel, the journey described by the driver - who claimed to work from 6am until 4pm the next day with only an hour break in 15 days of the month - "was not reasonable" because it would have only 2 hours apart to 22 consecutive hours of work. "It is simply impossible for any human to make such a journey, except for slave labor," said the rapporteur, Minister Mauricio Godinho Delgado. megan mcdonough
The driver claimed in the labor complaint, who worked under the 6X1 (six working days for rest) from 8 to 23 hours, with 60 minutes of interval for rest and food. In half of the day, however, was in travel and meet day from early morning to dawn the next day, and still work in half the days off and on all holidays without receiving overtime. In his defense, Emplal megan mcdonough submitted timecards and stated that all overtime was paid.
The trial court upheld the journey indicated by the driver and granted all overtime and nighttime ensuing. The company appealed to the Regional Labor Court of the 2nd Region (SP), which upheld the sentence. megan mcdonough The Regional relied, inter alia, the testimony of representative Emplal, and concluded that the times truly worked was not annotated correctly, as alleged in defense.
In resorting to the TST, the company megan mcdonough defended the validity of attached to the process, not marked "British time", timecards and held that the journey of 22 hours indicated the driver was 'humanly impossible' megan mcdonough to be fulfilled.
To the Minister Mauricio Godinho Delgado, a sentence for overtime pay was not adequate to the principle of fairness that should guide all judicial activity. He noted that the straightforward application of Abstract No. 338 of the TST, which deals with the burden of proof on record journey, without considering the peculiarities megan mcdonough of the case, accepting the workday megan mcdonough described by the driver, megan mcdonough "would megan mcdonough result in a decision absolutely remote from reality, unreasonable, unsafe and unfair. "
Leave a comment
Recent posts Clear bathroom and garbage collecting agency entails hazard pay the highest degree Pregnant working for the numbers game has no employment contract and entitled to alimony stability Debtor may have names inscribed on restrictive credit registries School Base Case: SBT is condemned for moral damages Third Class relativization of res judicata applies in paternity STJ admits preventive application of the Maria da Penha Law on civil lawsuit Companies are ordered to indemnify employee for loss of working megan mcdonough papers developed by Disorder Sexual harassment megan mcdonough is considered OCCUPATIONAL megan mcdonough disease law inheritance can only be defended by one of the heirs Child born of surrogacy will be maintained with the parent who registered Categories Advocacy Civil Law Contract Law Consumer Law Family Law Employment Law Business Law Real Estate Law Social Security Law Real Warranty Law Insurance Law Succession Rights megan mcdonough homoafetivos RIGHTS REAL Utterances Matchday Civil Law Utterances Tj / RJ INFORMATIONAL STJ TST Informative Informative Informative STF STJ Law Maria da Penha new laws / amendments Orphans and Succession PEC Accountability Project Civil Law Precedents Precedents TJRJ Uncategorized Archives February 2014 January 2014 December megan mcdonough 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 May 2012 April 2012 November 2011
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