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Termination For Just Cause Remains After Worker Tans During Medical Leave, Igniting Debate Over Limits of Leave and Breach of Trust.
The Labor Court of Minas Gerais upheld the termination for just cause of an administrative assistant at a bakery in Belo Horizonte who underwent artificial tanning while on leave due to a medical certificate for three days to treat gastroenteritis.
The 6th Panel of the Regional Labor Court of the 3rd Region (TRT-MG) understood that the aesthetic procedure, performed during the license period, was incompatible with the health condition presented and broke the necessary trust for the continuity of the employment relationship, attracting the maximum penalty and the loss of severance pay typical of an unjustified dismissal.
The worker held the position of administrative assistant at a bakery in the capital of Minas Gerais.
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After reporting symptoms of gastroenteritis, she sought medical attention and received a certificate to be absent from work for three days.
The day after the issuance of the document, claiming to feel better, she decided to go to an aesthetic clinic for an artificial tanning session.
The company learned of the procedure and deemed the conduct incompatible with the reason for the leave, dismissing the employee for just cause.
In the labor complaint, the former employee requested the reversal of the just cause, aiming to receive the typical severance pay of an unjustified dismissal, such as notice, proportional vacation, proportional 13th salary, release of FGTS with a 40% fine, and access to unemployment insurance.
She argued that she did indeed feel unwell, sought medical attention, and obtained the certificate, but claimed that she improved the next day, which is why she decided to undergo the aesthetic procedure during her leave.
The defense stated that tanning would not signify complete recovery nor fraud against the company, but rather a personal choice during a period in which she was not obliged to work.
Decision of the 11th Labor Court of Belo Horizonte
The case was initially analyzed by Labor Judge June Bayão Gomes Guerra, of the 11th Labor Court of Belo Horizonte.
In the ruling, the judge rejected the worker’s arguments and considered that her behavior contradicted the purpose of the medical certificate.
According to the judge, if the clinical condition allowed for artificial tanning, it also allowed for attendance at work.
In summary, she noted that the justification for absence was not compatible with going to an aesthetic clinic for the procedure.
The certificate presented mentioned the need to avoid long periods away from home and the risk of contamination, guidance that, according to the ruling, does not align with the activity chosen by the worker.
The judge also emphasized that the medical document justifies absences within the indicated period but does not prevent an early return to work if there is an improvement in health.
In the adopted understanding, by opting for a social activity of an aesthetic nature, the assistant demonstrated that she considered herself sufficiently fit to go out, circulate, and remain in an external environment.
Another point highlighted in the ruling was the type of procedure performed.
The judge noted that artificial tanning is associated with the risk of dehydration, an effect deemed inappropriate in cases of gastroenteritis, in which fluid replacement is usually part of medical guidance.
The combination of these circumstances led the judge to conclude that the employee’s conduct was inconsistent with the claim of needing to be completely away from work for three days.
Witness Testimony Reinforces Perception of Breach of Trust
During the instruction of the case, the owner of the clinic where the tanning was performed was heard as a witness.
She reported that, to undergo the procedure, the client must be in good health and noted that, at the time of the appointment, the assistant stated that she was well-fed and in good condition.
This statement, recorded in the oral evidence, was deemed relevant by the judge.
Based on this testimony, the judge understood that the very report given to the clinic indicated a physical state compatible with performing professional activities.
In the view of the first-instance court, while informing the company of the need for leave due to health reasons, the worker presented, in another environment, an opposite condition, which compromised trust and coherence in the use of the medical certificate.
The decision emphasized that it was not a matter of falsifying the certificate or altering a medical document, but rather an improper use of the leave period, in conflict with the purpose of the absence.
The judge classified the conduct as a violation of the duties of good faith and loyalty in the employment contract.
TRT-MG Confirms Just Cause and Restricts Severance Payments
Unsuccessful at first instance, the assistant appealed to TRT-MG.
The 6th Panel of the court, however, fully upheld the ruling, maintaining the termination for just cause.
In the ruling, the panel noted that the employee is not obliged to provide services while the medical certificate is in effect, but cannot engage in activities incompatible with recovering health during that period.
For the judges, going for a tanning session immediately after the start of the leave demonstrated behavior contrary to the reason for the absence.
The practice was considered serious enough to undermine the minimal trust essential to the employment relationship.
Thus, the Panel concluded that the legal requirements for just cause were present, especially misconduct and breach of trust, as provided for in Article 482 of the CLT.
With the maintenance of the just cause, the former employee lost the right to payments that would only be made in an unjustified dismissal.
The ruling resulted in the impossibility of withdrawing the FGTS with a severance fine, loss of notice, proportional vacation, and proportional 13th salary, as well as the inability to receive unemployment insurance.
The process was reported to be in the execution phase, with no new appeals available.
Debate on Good Faith and Limits of Medical Leave
The institutional communication from TRT-MG and the repercussions of the case highlighted that the discussion did not involve the formal validity of the certificate, but how the leave period was utilized.
The court emphasized that trust can be compromised when the employee’s behavior does not align with the health condition that justified the leave.
In this scenario, the decision reaffirms the duty of good faith in employment relations and raises questions about limits and responsibilities during medical leave.
To what extent can leisure or aesthetic activities be considered compatible with health recovery without generating conflicts with the employer and the Labor Court?
Quem sabe assim ela aprende ESPERTONA.
Agora a empresaß busca quaisquer meios, para não pagar os direitos trabalhistas e os juízes são coniventes é um retrocesso total
Boa parte desses juízes trabalhistas nos deixa a impressão de não serem imparciais, a dosemetria aplicada beira ao ridículo. A retirada das verbas rescisórias é um escândalo bem maior que o salário que pagamos a essa elite. 😡