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Decision Recognizes That Appearance Requirements Imposed by the Company Generate Costs That Cannot Be Transferred to the Employee, Reinforcing the Principle That the Risks of Economic Activity Belong to the Employer
An airline operating at Confins International Airport, in the metropolitan region of Belo Horizonte, was ordered by the Labor Court to reimburse a former employee for expenses related to personal presentation required during the employment contract. The decision reinforces the understanding that costs arising from aesthetic standards imposed by the company cannot be passed on to the worker, especially when such requirements exceed basic hygiene care.
The information was released following a ruling by Judge Maria Irene Silva de Castro Coelho, head of the 1st Labor Court of Pedro Leopoldo, as recorded in the case file in the Labor Court of Minas Gerais. The case involves a former employee who worked as an administrative assistant and planning technician.
The worker reported that she needed to maintain a specific standard of clothing, makeup, nails, hair, and accessories to meet the internal requirements of the airline, which resulted in an estimated monthly cost of R$ 350,00. For this reason, she filed a lawsuit seeking reimbursement for these amounts.
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Company Admitted Aesthetic Standard but Contested Amounts Presented
Upon analyzing the case, the judge noted that the company did not deny the existence of a personal presentation standard, especially directed towards female workers. Nevertheless, the airline argued that it only required basic hygiene care, contesting both the necessity of the expenses and the monthly amount reported by the former employee.
Moreover, the defense claimed that the worker had not presented sufficient documentary evidence to substantiate her monthly expenses with makeup, hair, and nails. Despite this argument, the judge emphasized that the company’s admission of the existence of an imposed standard was enough to characterize the employer’s responsibility.
In this context, the decision highlighted that, according to Article 2 of the Consolidation of Labor Laws (CLT), the risks of economic activity belong to the employer. Therefore, necessary expenses to comply with corporate requirements cannot be transferred to the employee, even if there is no exact proof of the total amount claimed.
Court Sets Monthly Reimbursement Based on Reasonableness
Although the judge acknowledged the right to reimbursement, she considered that it was not proven that the monthly expenses reached the amount of R$ 350,00, as claimed by the plaintiff. Accordingly, applying the principles of proportionality and reasonableness, the judge set the reimbursement amount at R$ 100,00 per month, throughout the entire non-prescribed contractual period.
Another relevant point considered in the ruling was the fact that the worker did not hold a position of direct public interaction, working in the maintenance sector. This aspect directly influenced the definition of the monthly amount arbitrated by the Court.
The decision is not yet final. According to the case file, there is an pending appeal for judgment in the Regional Labor Court of Minas Gerais (TRT-MG), which means that the understanding may be re-evaluated in a higher court.
Case
To what extent can companies impose aesthetic standards on employees without assuming the costs — and how many workers still bear requirements that should be the employer’s responsibility?
Abriu precedentes, já era. Todos irão a justiça fazer o mesmo. No final, as empresas fecharão, essas pessoas ficam sem emprego. Prender o cabelo é higiene e até segurança do trabalhador. Em relação a maquiagem e Manicure, elas fazer no dia a dia, independente do trabalho. Esse País está caminhando para um abismo. Não terá volta
É difícil ser empresário neste país. É tanto custo indireto que fica impossível controlar.
Mas que nao se faça exigências! É bem simples!
No Rio com 350,00 por semana para fazer unha e cabelo.
Achei rs100,00 um valor muito baixo, independente da área de trabalho.
Aqui em SP 80,00 a cada 15 dias pra fazer unha.
Cabelo 80,00 a cada 2 meses.
Maquiagem sai mais cara, pq depende do que usa….mas algo basico gasta uns 200,00 que dura uns 2 meses.