FENATRACOOP corrugated box machinery | Company is absolved from paying the driver extra hours based on "unrealistic" journey
Fenatracoop holds seminar to discuss corrugated box machinery the cooperative WEIGH NOTE Cooperatives, lever Brazilian economy, commemorates the day Saturday in the Cooperative Study of Law you will find the FATES FENATRACOOP UNION STRENGTH IN BASE
The Third Chamber of the Superior Labor Court held valid the timecards corrugated box machinery submitted by Emplal Plastic Packaging Ltda. and acquitted him of the conviction to payment of overtime and differences in night shift at a truck driver. corrugated box machinery 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 corrugated box machinery 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. Workday
The driver claimed in the labor complaint, who worked corrugated box machinery under the 6X1 (six working days for rest) from 8 to 23 hours, with 60 minutes of interval for rest and food. On half days, 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, corrugated box machinery Emplal 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. The Regional relied, inter alia, the testimony of representative Emplal, and concluded that the times truly worked was not annotated corrugated box machinery correctly, corrugated box machinery as alleged in defense.
In resorting to the TST, the company 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' to be fulfilled.
To the Minister Mauricio Godinho Delgado, a sentence corrugated box machinery 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 of the case, accepting the workday described by the driver, "would result in a decision corrugated box machinery absolutely remote from reality, unreasonable, unsafe corrugated box machinery and unfair. "
The TST has eight judging classes, each consisting of three ministers, with the task of analyzing the revised resources, harm, interlocutory appeals, grievances and ordinary regimental resources injunction. Decisions of the classes, the part may still, in some cases, resort to Subsection I Specializing in Individual Bargaining (SBDI-1).
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NATIONAL corrugated box machinery BENEFIT
Collective bargaining corrugated box machinery agreement Bolsa Familia disability Retirement and Credit Card Education in Brazil corrugated box machinery supplemental retirement consumer behavior Corruption Creating effective organizations against environmental crime deputies project record clean Sustainable Development Law highlighted the power of the Law Rights consumer single document Emergency Economy corrugated box machinery in Rio Grande South temporary employment Lack of skilled manpower FENATRACOOP FIES Fies Financial Aid Finance Social Equilibrium Strike bank Scream excluded Habitracoop administrative misconduct Logistics Environment in Brazil My House My Life PEC Councilmen Losses FGTS Politics pollution corrugated box machinery Brazilian public policies Vocational Qualification Reduction of working hours Food Safety Workplace Safety and STF YouTube Labor Trafficking National Shame Ethics in the national Congress
Fenatracoop holds seminar to discuss corrugated box machinery the cooperative WEIGH NOTE Cooperatives, lever Brazilian economy, commemorates the day Saturday in the Cooperative Study of Law you will find the FATES FENATRACOOP UNION STRENGTH IN BASE
The Third Chamber of the Superior Labor Court held valid the timecards corrugated box machinery submitted by Emplal Plastic Packaging Ltda. and acquitted him of the conviction to payment of overtime and differences in night shift at a truck driver. corrugated box machinery 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 corrugated box machinery 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. Workday
The driver claimed in the labor complaint, who worked corrugated box machinery under the 6X1 (six working days for rest) from 8 to 23 hours, with 60 minutes of interval for rest and food. On half days, 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, corrugated box machinery Emplal 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. The Regional relied, inter alia, the testimony of representative Emplal, and concluded that the times truly worked was not annotated corrugated box machinery correctly, corrugated box machinery as alleged in defense.
In resorting to the TST, the company 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' to be fulfilled.
To the Minister Mauricio Godinho Delgado, a sentence corrugated box machinery 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 of the case, accepting the workday described by the driver, "would result in a decision corrugated box machinery absolutely remote from reality, unreasonable, unsafe corrugated box machinery and unfair. "
The TST has eight judging classes, each consisting of three ministers, with the task of analyzing the revised resources, harm, interlocutory appeals, grievances and ordinary regimental resources injunction. Decisions of the classes, the part may still, in some cases, resort to Subsection I Specializing in Individual Bargaining (SBDI-1).
Leave a Comment
NATIONAL corrugated box machinery BENEFIT
Collective bargaining corrugated box machinery agreement Bolsa Familia disability Retirement and Credit Card Education in Brazil corrugated box machinery supplemental retirement consumer behavior Corruption Creating effective organizations against environmental crime deputies project record clean Sustainable Development Law highlighted the power of the Law Rights consumer single document Emergency Economy corrugated box machinery in Rio Grande South temporary employment Lack of skilled manpower FENATRACOOP FIES Fies Financial Aid Finance Social Equilibrium Strike bank Scream excluded Habitracoop administrative misconduct Logistics Environment in Brazil My House My Life PEC Councilmen Losses FGTS Politics pollution corrugated box machinery Brazilian public policies Vocational Qualification Reduction of working hours Food Safety Workplace Safety and STF YouTube Labor Trafficking National Shame Ethics in the national Congress
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