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In actions filed after the labor reform came into force, the parties are subject to the award of reciprocal loss fees when the request for moral damages is partially accepted, even if the employee is a beneficiary of free justice. This understanding was adopted by the th Panel of the Superior Labor Court to sentence a store operator to pay legal fees on the difference between the value of compensation for moral damages sought by him and the amount granted in the sentence. Geraldo Magela/Agência Senado Minister Alexandre Ramos was the rapporteur of the appeal at the Superior Labor Court Geraldo Magela/Agência Senado In the labor complaint, filed in , the operator, who worked at a Sendas Distribuidora SA (Assaí Atacadista) store in Valparaíso de Goiás (GO), asked for the company to be condemned in several installments, including compensation for moral damage. The reason was the fact that he remained standing throughout the journey, without the store providing seats to rest. The desired amount was R$, The first degree court accepted the claim, but set the compensation at R$,, condemning the company to pay default fees on the net credit to be paid to the employee.
This obligation was removed from the Greece Phone Number worker because he is a beneficiary of free justice. The decision was upheld by the Regional Labor Court of the th Region (GO). In the review appeal presented to the TST, the company maintained that, if the law provides for the payment of fees to both parties in the event of mutual succumbence, there is no reason to reject such an institute due to the granting of free justice. Another argument was that the law also provides for the possibility of suspension if there is not enough credit for payment, "in order to protect workers' rights". New issue The rapporteur of the appeal, Minister Alexandre Ramos, highlighted that this is a new issue, referring to the interpretation of legislation after the labor reform came into effect, on which there is still no consolidated jurisprudence within the scope of the TST or in a decision with binding effect in the Federal Court of Justice. The law introduced article -A into the CLT, which deals with loss fees of % to % of the value of the conviction. Paragraph of the provision provides that, in the case of partial grant, the court will arbitrate the fees reciprocally, with compensation between them prohibited. Paragraph , in turn, establishes that the beneficiary of free justice will be required to pay succumbing fees if he has obtained credits capable of supporting the expense.
Otherwise, the obligation will be subject to a suspensive condition of enforceability for two years, ending after this period. According to the minister, reciprocal and partial succumbence must be analyzed in relation to each request, and cannot be ruled out by partially accepting the claim. In this case, the worker asked for compensation of R$, and received R$, As the request was only partially accepted, the fees apply to the employee's lawyer, on the amount obtained, and to the company's lawyer, on the difference rejected. The rapporteur explained that the objective of this change was to reestablish the procedural balance between the parties and make them responsible for procedural choices, as well as to discourage reckless actions, "avoiding the irresponsible mobilization of the judicial machine". With information from the TST press office .What no one talks about, and needs to be studied, is what the impacts will be on the worker if, in fact, the jurisprudence that is trying to be established positively prevails. Would the precariousness of workers on digital platforms be resolved? There are those who argue that companies will simply discontinue their activities, as the business model with the formalization of the employment relationship is not viable, either due to the cost of the operation or the logistics of acting as an employer for that “crowd”.
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發表於 18:41:54