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Preliminary Decision of the Labor Court Imposes Limits on the Restructuring Program of Banco do Brasil After Union Action, Focusing on Increased Work Hours, Risk of Loss of Commissioned Position, Salary Impact, and Daily Fines for Non-Compliance.
The Labor Court determined that Banco do Brasil suspend practices considered irregular in the process of changing the work hours of commissioned employees, after identifying signs of pressure for employees to extend their work hours from 6 hours to 8 hours under the risk of losing their position and salary bonus.
The decision was granted on a preliminary basis.
The measure stems from a lawsuit filed by the Banking Union of Brasília.
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According to the judicial order, the financial institution must halt any conduct leading employees to accept increased work hours as a condition for maintaining their commissioned position.
The decision also establishes a suspension of acts of decommissioning, removal from position, or salary reduction related to the restructuring program under review.
Banco do Brasil announced that it intends to appeal.
Preliminary Injunction Imposes Restrictions and Sets Daily Fines
The injunction sets a fine of R$ 2,000 per day for each affected employee in case of non-compliance.
The amount is limited to a daily ceiling of R$ 200 thousand.
Additionally, the bank must ensure the full payment of the bonus related to commissioned positions while the judicial discussion is ongoing.
The judge’s understanding is that adherence to the longer work hours cannot be conditioned to maintaining the position.
The decision also establishes that there can be no financial detriment for those opting to maintain the previously practiced work hours.
Internal Messages Supported the Lawsuit
The lawsuit was filed by the Banking Union of Brasília.
The entity presented as evidence emails sent to commissioned employees acting as advisors in strategic units.
According to the documents attached to the case file, the messages indicated the possibility of dismissal from their position.
The loss of position would imply salary reduction if employees did not adhere to the new work hours.
In the communications, the bank indicated it was making internal adjustments at headquarters.
The messages mentioned that certain employees had been indicated as “subject to dismissal” if “the status of their position in their unit was not regularized by January 5, 2026.”
For the union, this type of communication links the maintenance of the position to the acceptance of the extended work hours.
Union Points to Impact on 10,000 Employees in the DF
According to the Banking Union of Brasília, the change in work hours affects about 10,000 employees in the Federal District.
The union also claims that approximately 800 workers holding the position of advisor in strategic units could lose their position.
The risk would occur if they do not agree to the extended work hours.
The discussion takes place in the context of a restructuring process at Banco do Brasil.
This process involves the reorganization of internal areas and the redefining of roles.
The union contends that, under the terms presented, the change in work hours ceases to be optional.
According to the entity, the modification begins to produce direct effects on employee remuneration.
Judge Identifies Signs of “Punitive Decommissioning”
Upon reviewing the documents presented, Judge Patrícia Germano Pacífico noted in her decision that the bank would have implemented a “punitive decommissioning of employees who legitimately choose to maintain their legal work hours”.
In the understanding expressed in the preliminary injunction, the situation analyzed goes beyond a mere offer of a change in work hours.
According to the text of the decision, the elements indicate the existence of “indirect coercion”.
The preservation of the commissioned position would be conditioned on the acceptance of the 8-hour work day.
The judge also emphasized that the loss of position has a significant salary impact.
The bonus constitutes a significant portion of the remuneration of these employees.
Job Classification and Debate on Legal Work Hours
The decision also addresses the classification of the position of Strategic Unit Advisor.
According to the judge, there are functions of a technical nature that fall under the 6-hour workday stipulated by labor legislation.
For the judge, imposing the 8-hour workday without altering the occupational content could characterize irregularity.
The order states that the requirement to extend work hours, combined with the threat of decommissioning, “appears to constitute a harmful contractual alteration and abuse of managerial power”.
This understanding is based on the preliminary analysis of the elements presented in the case.
The merits will be reevaluated during the proceedings of the action.
Banco do Brasil Denies Punitive Nature and Announces Appeal
In a statement, Banco do Brasil affirmed that its personnel management policy is guided by transparency, trust, and the appreciation of employees.
The institution announced that it will appeal the preliminary decision.
The bank maintains that the initiative is not punitive in nature.
According to BB, the change in work hours would have generated salary gains for about 2,800 advisors.
This group would represent nearly 25% of approximately 12,000 professionals working in headquarters areas.
The bank also stated that advisory positions are strategic.
According to the institution, there are enough internal relocation positions for employees indicated for movement.
In the same statement, BB stated that all corporate decisions are based on labor legislation.
The institution also declared its respect for the collective negotiation conducted with representative entities of the employees.
Process Continues in Progress in Labor Court
As it is a preliminary decision, the case will still be analyzed in later stages by the Labor Court.
Until further deliberation, Banco do Brasil must refrain from linking the maintenance of commissioned positions to the acceptance of the extended work hours.
Non-compliance could result in the imposition of daily fines.
The controversy occurs amid a broader internal reorganization process.
The case rekindles the debate on the limits of personnel management in state-owned enterprises.
The discussion particularly involves situations where changes in work hours produce direct effects on positions and salaries.
How will the Labor Court balance the bank’s restructuring strategies with the guarantees provided by law for commissioned employees?
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