Post by xyz3800 on Feb 28, 2024 3:25:14 GMT
Understanding that the collective norm establishes a percentage more favorable to the worker, the 6th Panel of the Superior Labor Court recognized the validity of the clause in the collective agreement that allows a company not to pay the nighttime premium to a metalworker after 5am. 123RF 6th Panel of the TST recognized the validity of a collective agreement clause that allows a company not to pay a metalworker night shift after 5am 123RF Unanimously, the panel understood that the collective agreement expressly limits the period for granting the nighttime supplement to 5am. He considered, however, that the rule provides for the payment of 30% as a nighttime surcharge, above the 20% provided for in article 73 of the CLT.
According to the group, Subsection I Specialized in Individual Disputes (SDI-1) of the TST, responsible for standardizing jurisprudence in the court, has already decided that the collective agreement clause that considers only work performed between 10 p.m. one day and 5am the next day. "Even when the working day is extended beyond this limit, in order to favor the principle of conglobation, in view of the collective negotiation that increased Exit Mobile Number List the payment of the nighttime additional in a percentage higher than that established in the CLT", defended the collegiate. Complaint In the labor complaint, the professional said that he was hired in December 2005 and fired without just cause in March. During this period, he worked in the three available shifts at the iron parts factory: from 0 am to 6 am, from 6 am to 3 pm and from 3pm to midnight.
However, he stated that he had never received the additional payment for the extended period of the night shift, which only ended at 6 am. The court of the 4th Labor Court of Betim (MG) dismissed the request as unfounded, understanding that there was no extension of the working day, but “normal compliance with the ordinary working day”. The Regional Labor Court of the 3rd Region, however, ordered the company to pay a 30% nighttime surcharge for work performed after 5am.Still in this aspect, the complementary law does not provide for the possibility of capitalizing remuneration interest for a period of less than one year. However, considering that it expressly excludes the limits of article 591 of the Civil Code, which only allows annual capitalization, it is defensible that the ESC can capitalize interest in shorter periods.
According to the group, Subsection I Specialized in Individual Disputes (SDI-1) of the TST, responsible for standardizing jurisprudence in the court, has already decided that the collective agreement clause that considers only work performed between 10 p.m. one day and 5am the next day. "Even when the working day is extended beyond this limit, in order to favor the principle of conglobation, in view of the collective negotiation that increased Exit Mobile Number List the payment of the nighttime additional in a percentage higher than that established in the CLT", defended the collegiate. Complaint In the labor complaint, the professional said that he was hired in December 2005 and fired without just cause in March. During this period, he worked in the three available shifts at the iron parts factory: from 0 am to 6 am, from 6 am to 3 pm and from 3pm to midnight.
However, he stated that he had never received the additional payment for the extended period of the night shift, which only ended at 6 am. The court of the 4th Labor Court of Betim (MG) dismissed the request as unfounded, understanding that there was no extension of the working day, but “normal compliance with the ordinary working day”. The Regional Labor Court of the 3rd Region, however, ordered the company to pay a 30% nighttime surcharge for work performed after 5am.Still in this aspect, the complementary law does not provide for the possibility of capitalizing remuneration interest for a period of less than one year. However, considering that it expressly excludes the limits of article 591 of the Civil Code, which only allows annual capitalization, it is defensible that the ESC can capitalize interest in shorter periods.