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The Decision Of The 2nd Labor Court Of Araguari Recognized The Right Of Four General Services Assistants To Indirect Dismissal, After Salary Delays And Breach Of Contracts Proven In Court
The Labor Court recognized the right to indirect dismissal of the employment contract for four employees of a company in Araguari, in the Triângulo Mineiro region. The decision, issued by Judge Tânia Mara Guimarães Pena Hayes, head of the 2nd Labor Court of the city, ensures that the workers receive the severance payments corresponding to termination without just cause.
The employees, who worked as general services assistants in health units such as the Psychosocial Care Center (CAPS), reported salary delays and other breaches of contract. They informed that their last day of work occurred on October 11, 2024.
Proven Irregularities
During the trial, the company denied the delays and the irregularities raised. However, bank statements attached to the cases confirmed the existence of late payments. Additionally, the judge found that the company did not prove the collection of the FGTS and social security contributions, nor the payment of the health hazard bonus, transportation allowance, and the provision of the basic food baskets stipulated in collective agreements.
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Judicial Decision And Consequences
Based on the collective agreement and Article 483, item “d”, of the CLT, the magistrate understood that the facts constituted just cause for employer fault, which authorizes the indirect dismissal. Thus, she ordered the payment of the due severance amounts and the subsidiary liability of the two partners of the company for the granted amounts.
There was no appeal from the parties, and the cases continue in the execution phase, consolidating the decision that recognized the contractual termination due to the employer’s fault.
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