Post by account_disabled on Feb 22, 2024 5:07:07 GMT -5
If the person holding a position of trust is not the highest authority in their sector, overtime pay is due. This was understood by the 5th Panel of the Superior Labor Court when condemning Itaú Unibanco SA to pay overtime that exceeded the eighth hour per day to a bank employee from São Paulo who occupied a different position in the company's hierarchical structure, but was subordinate to the general manager of his area. . reproductionIn the labor complaint, the bank employee maintained that the title of his role was manager, but, in his daily duties, none of the characteristics that could be classified as a management position were present, as he was subordinate to the general manager of the back office area. The bank employee's claim was rejected by the lower court and the Regional Labor Court of the 2nd Region (SP). For TRT, although it did not appear as the highest authority in its area, it occupied a differentiated position in the bank's he had powers to represent the company, sign contracts in general, operate accounts, issue checks, receive and release large amounts, Subordination According to minister Breno Medeiros, rapporteur of the bank employee's review appeal at the TST, according to Summary 287, the working day of the bank branch manager is governed by article 224, paragraph 2, of the CLT (eight hours per day) and , in relation to the general manager, it is assumed that he holds a management position, which falls within the exception of article 62, item II, of the CLT, which deals with occupants of management positions.
In this case, the TRT expressly registered Finland Mobile Number List the subordination to the general manager of the area, but other elements allow recognizing the exercise of a position of trust. As a result, overtime in excess of the eighth day was granted, and not the sixth, as the bank employee intended. With information from the press office of the Superior Labor Court.Once the requirements of article 3 of the CLT have been met, the employment relationship between a police officer and a private company is legitimate, regardless of any disciplinary penalty provided for in the Military Police Statute. Eduardo Sasible for monitoring the opening (around 8:30 am) and closing (around 8 pm) of the store. He intended to note the contract in the work record and pay all resulting installments. In its defense, the clinic said that it was located in a basement and that, around 2008, it began to suffer several robberies and threats over the phone. At the same time, the police officer spontaneously offered to provide security in exchange for monthly payments. Since then, there have been no more robberies. According to the company, he did not remain at the clinic during working hours, did not receive any orders and was replaced by someone else. The lower court recognized the employment relationship, but the Regional Labor Court of the 2nd Region (SP) understood that there was no proof of the personality requirement, necessary to establish the relationship.
This is because the employee himself had said that he worked for the company according to the Military Police duty schedule and, when he needed to be absent, he called on a colleague to replace him. Contractual relationship For the rapporteur of the police officer's search appeal at the TST, Minister Alexandre Ramos, the fact that the worker is replaced by another person, occasionally, when he could not atthierarchical structure, with effective management responsibilities in its area of activity and with interference in the company's destiny. Among other points, the decision records thatend work in person due to his role as a military police officer, does not allow conclude, by itself, that personality would be absent. The minister highlighted that the fact that the worker is part of the Military Police and is linked to the statute of that corporation does not rule out the intention that his request regarding a possible link with a private company be analyzed. According to him, the prohibition contained in the statute has restricted application and is of an internal nature and cannot override the Constitution, which does not make this type of prohibition. The decision was unanimous. With information from the press office of the Superior Labor Court.
In this case, the TRT expressly registered Finland Mobile Number List the subordination to the general manager of the area, but other elements allow recognizing the exercise of a position of trust. As a result, overtime in excess of the eighth day was granted, and not the sixth, as the bank employee intended. With information from the press office of the Superior Labor Court.Once the requirements of article 3 of the CLT have been met, the employment relationship between a police officer and a private company is legitimate, regardless of any disciplinary penalty provided for in the Military Police Statute. Eduardo Sasible for monitoring the opening (around 8:30 am) and closing (around 8 pm) of the store. He intended to note the contract in the work record and pay all resulting installments. In its defense, the clinic said that it was located in a basement and that, around 2008, it began to suffer several robberies and threats over the phone. At the same time, the police officer spontaneously offered to provide security in exchange for monthly payments. Since then, there have been no more robberies. According to the company, he did not remain at the clinic during working hours, did not receive any orders and was replaced by someone else. The lower court recognized the employment relationship, but the Regional Labor Court of the 2nd Region (SP) understood that there was no proof of the personality requirement, necessary to establish the relationship.
This is because the employee himself had said that he worked for the company according to the Military Police duty schedule and, when he needed to be absent, he called on a colleague to replace him. Contractual relationship For the rapporteur of the police officer's search appeal at the TST, Minister Alexandre Ramos, the fact that the worker is replaced by another person, occasionally, when he could not atthierarchical structure, with effective management responsibilities in its area of activity and with interference in the company's destiny. Among other points, the decision records thatend work in person due to his role as a military police officer, does not allow conclude, by itself, that personality would be absent. The minister highlighted that the fact that the worker is part of the Military Police and is linked to the statute of that corporation does not rule out the intention that his request regarding a possible link with a private company be analyzed. According to him, the prohibition contained in the statute has restricted application and is of an internal nature and cannot override the Constitution, which does not make this type of prohibition. The decision was unanimous. With information from the press office of the Superior Labor Court.