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Labor Court Ruling in Mossoró Recognized Persistent Delay After Three Months Without Salary Payment, Applied Decree-Law 368/68, and Set Compensation for Moral Damages for Cleaner Who Maintained Formal Employment During 2019
The 3rd Labor Court of Mossoró recognized compensation for moral damages of R$ 2,000 to a cleaner who went three months without receiving wages, understanding that the delay compromised the employer’s main contractual obligation.
Court Ruling
The court considered that, from the employee’s perspective, wage compensation represents the very object of the labor legal relationship, constituting the central obligation assumed by the employer in the contract established between the parties.
Thus, the absence of payment of wages was evaluated as a conduct of high severity, sufficient to support the condemnation to pay damages for moral harm, without the need for other additional aggravating elements.
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Employment Contract
The cleaner maintained an employment bond from February to November 2019, according to the records analyzed in the ruling.
During this contractual period, the worker failed to receive wages corresponding to the months of September, October, and November, a situation that motivated the filing of the labor lawsuit with a compensation request.
Persistent Delay
In the reasoning of the judgment, the judge applied Article 2 of Decree-Law 368/68, which characterizes salary delay for a period equal to or greater than three months, without serious and relevant justification, as a persistent delay.
According to the ruling, this legal requirement was demonstrated in the specific case, allowing for the objective classification of the employer’s conduct as repeated delay, with legal repercussions provided for in labor legislation.
The ruling highlighted that the persistent delay results in harm to the worker’s honor, who is prevented from meeting basic financial obligations and is unable to incur personal and family expenses.
This context was deemed sufficient to set compensation at R$ 2,000, recognizing the direct impact of the prolonged salary delay on the economic dignity of the former employee.
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