Post by account_disabled on Mar 5, 2024 22:31:51 GMT -5
Interns who provided services to Banco do Estado do Rio Grande do Sul SA managed to order the employer to pay legal fees at the Superior Labor Court. The decision benefits three interns. They filed a collection action against the bank to request the receipt of salary differences from the aid grant in the amount stipulated in the collective agreements for the banking category.
For the judge of the th Labor Court of Porto Alegre (RS), although the collective agreement governs contracts subject to CLT rules, it must be applied in internship cases.
"As a contract that it is, it also applies, with mandatory force, to all relationships that it proposes to discipline, including in this context relationships established in the form of professional internship."
After recognizing the interns' right to receive the BTC Number Data differences, the judge, however, dismissed the request for assistance fees. For her, the request was not capable of being granted because the former interns were not represented by a union. The Regional Labor Court of the th Region upheld the decision.
The former interns appealed to the TST, which, through the th Panel, modified the second instance decision. For Minister Emmanoel Pereira, rapporteur of the appeal, the second instance decision contradicted item III of TST Precedent No. , which deals with the hypotheses of legal fees being applicable in the Labor Court and establishes that they are due in cases that do not derive of the employment relationship, as examined.
Thus, unanimously, the appeal was accepted. The bank will have to pay the amount related to legal fees, set at % of the net value of the conviction, in accordance with Jurisprudential Guideline , of SDI-, of the TST. With information from the TST Press Office.
For the judge of the th Labor Court of Porto Alegre (RS), although the collective agreement governs contracts subject to CLT rules, it must be applied in internship cases.
"As a contract that it is, it also applies, with mandatory force, to all relationships that it proposes to discipline, including in this context relationships established in the form of professional internship."
After recognizing the interns' right to receive the BTC Number Data differences, the judge, however, dismissed the request for assistance fees. For her, the request was not capable of being granted because the former interns were not represented by a union. The Regional Labor Court of the th Region upheld the decision.
The former interns appealed to the TST, which, through the th Panel, modified the second instance decision. For Minister Emmanoel Pereira, rapporteur of the appeal, the second instance decision contradicted item III of TST Precedent No. , which deals with the hypotheses of legal fees being applicable in the Labor Court and establishes that they are due in cases that do not derive of the employment relationship, as examined.
Thus, unanimously, the appeal was accepted. The bank will have to pay the amount related to legal fees, set at % of the net value of the conviction, in accordance with Jurisprudential Guideline , of SDI-, of the TST. With information from the TST Press Office.