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Once the requirements of article 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 Saraiva/AIMG/Fotos PúblicasTherefore, the th Panel of the Superior Labor Court recognized the employment relationship between a military police officer and Claro Odontologia Ltda., in Diadema (SP), for which he provided security services. In the labor complaint, the police officer said that, between and , he had provided security services for the clinic and was responsible for monitoring the opening (around : am) and closing (around pm) of the store. He intended to note the contract in his employment record and pay all resulting installments. In its defense, the clinic said that it was located in a basement and that, around , 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 Greece Phone Number 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 nd 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 attend 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. "Especially with regard to safety in the provision of work activities, under penalty of being held responsible for injuries and losses caused, based on articles and of the Civil Code". In his guiding opinion, the judge cited the document "Dam Break Risk Analysis", which, according to him, highlights Vale's culpable conduct. The report, which was produced by the company itself, was also part of the series of documents attached by the Public Ministry of Labor in the public civil action filed against the company and which supported the compensation claims. In the rapporteur's view, the document serves as an instrument for "better knowledge of the risks associated with these structures as close as possible to reality and, at the same time, as a management tool for the responsible entrepreneur". According to the judge, the document reveals that Vale knew the costs it would incur if the dam failed. In the decision, the judge cited the report produced by the CPI established in the Federal Senate on the dam collapse.
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发表于 2024-3-12 12:16:28