vertical transport without a plan approved by a Greece Phone Number qualified professional. In its defense, the company claimed that the accident occurred due to the employee's recklessness and that the contractor should be supported by the double visit criterion, provided for in article of the Consolidation of Labor Laws (CLT). According to this law, inspection must occur in two stages, allowing the identified problems to be corrected. In the first instance, the company's request was accepted under the justification that the situation did not fit into the legal hypotheses of direct assessment, such as lack of registration of the work card, fraud or embarrassment to inspection. However, in the second instance the records were validated because, according to the panel, supervision can only be primarily guiding and pedagogical when the activity or situation involves a level of risk compatible with this type of procedure. "Outside of these hypotheses, the double visit system gives way to measures aimed at maximum protection of and the working environment", defended judge Quézia Gonzales. "It is not justified to endanger the life and physical integrity of the worker to provide an opportunity to correct business conduct that, not due to lack of knowledge, proves to be in violation of labor precepts and obligations", she concluded. With information from the TRT-SC advisory.
The bank employee's claim was rejected by the lower court and the Regional Labor Court of the 2nd Region (SP). For TRT, although it did not appear as the highest authority in its area, it occupied a differentiated position in the bank's hierarchical structure, with effective management responsibilities in its area of activity and with interference in the company's destiny. Among other points, the decision records that he had powers to represent the company, sign contracts in general, operate accounts, issue checks, receive and release large amounts, Subordination According to minister Breno Medeiros, rapporteur of the bank employee's appeal at the TST, according to Summary 287, the working day of the bank branch manager is governed by article 224, paragraph 2, of the CLT (eight hours per day) and , in relation to the general manager, it is assumed that he holds a management position, which falls within the exception of article 62, item II, of the CLT, which deals with occupants of management positions. In this case, the TRT expressly registered the subordination to the general manager of the area, but other elements allow recognizing the exercise of a position of trust. As a result, overtime in excess of the eighth day was granted, and not the sixth, as the bank employee intended. With information from the press office of the Superior Labor Court.