Post by account_disabled on Mar 5, 2024 22:13:32 GMT -8
When granting the intra-workday break, the actual working time completed must be considered, and not that legally fixed for the activity performed. It was with this understanding that the st Panel of the Superior Labor Court accepted an appeal from a bank employee who exceeded his daily working hours of six hours, but only had a -minute break for rest and food. According to article of the CLT, cited in the decision, there must be a break for rest or food of at least one hour, when the workday exceeds six hours per day.
The Panel partially reversed the decision of the Regional Labor BTC Number Data Court of the th Region (RS) and ordered Banco do Brasil SA to pay the employee salary differences corresponding to a one-hour break, plus an additional %.
New position
The position of commercial and Institutional Relations director at Dantas, Lee, Brock & Camargo Advogados (DLBCA) now belongs to Ricardo Freitas Silveira , current director of the Office Administrators Studies Center (Ceae) and specialist in Services Marketing at FGV and in Tax Law from Apet.
Virtual investment
Demarest e Almeida has a new website director Mário Nogueira , investment in banking technology reached % of its revenue. One of the attractions is the “Professional Development” area, highlighted on the new home page, which presents the various forms of guidance for lawyers that the firm offers, such as mentoring and subsidies for courses in Brazil and abroad.
The bank employee, in his labor complaint, maintained that the contractual six-hour working day was exceeded by the provision of overtime, a situation in which the break should be one hour, and not just minutes. However, his request was rejected by the first instance court and by the TRT-RS, which understood that, in order to set the break, the legally stipulated journey should be observed, and not the one actually worked.
The bank employee appealed to the TST. He insisted on the right to payment for breaks not used as overtime. According to him, for the purposes of granting breaks, the hours actually worked should have prevailed, not the contractual ones.
The rapporteur of the Review Appeal, judge summoned José Pedro de Camargo, ruled in favor of the banker based on the jurisprudence of the TST (Jurisprudential Guidelines no. and no. of Subsection of Individual Disputes – SDI-), in the sense that the The number of hours actually worked should be the parameter for granting the break, and not the one legally fixed for the activity performed. The rapporteur's vote was followed unanimously. With information from the TST Press Office.
The Panel partially reversed the decision of the Regional Labor BTC Number Data Court of the th Region (RS) and ordered Banco do Brasil SA to pay the employee salary differences corresponding to a one-hour break, plus an additional %.
New position
The position of commercial and Institutional Relations director at Dantas, Lee, Brock & Camargo Advogados (DLBCA) now belongs to Ricardo Freitas Silveira , current director of the Office Administrators Studies Center (Ceae) and specialist in Services Marketing at FGV and in Tax Law from Apet.
Virtual investment
Demarest e Almeida has a new website director Mário Nogueira , investment in banking technology reached % of its revenue. One of the attractions is the “Professional Development” area, highlighted on the new home page, which presents the various forms of guidance for lawyers that the firm offers, such as mentoring and subsidies for courses in Brazil and abroad.
The bank employee, in his labor complaint, maintained that the contractual six-hour working day was exceeded by the provision of overtime, a situation in which the break should be one hour, and not just minutes. However, his request was rejected by the first instance court and by the TRT-RS, which understood that, in order to set the break, the legally stipulated journey should be observed, and not the one actually worked.
The bank employee appealed to the TST. He insisted on the right to payment for breaks not used as overtime. According to him, for the purposes of granting breaks, the hours actually worked should have prevailed, not the contractual ones.
The rapporteur of the Review Appeal, judge summoned José Pedro de Camargo, ruled in favor of the banker based on the jurisprudence of the TST (Jurisprudential Guidelines no. and no. of Subsection of Individual Disputes – SDI-), in the sense that the The number of hours actually worked should be the parameter for granting the break, and not the one legally fixed for the activity performed. The rapporteur's vote was followed unanimously. With information from the TST Press Office.