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TRT de Minas Recognizes Nullity of Just Cause and Determines Payment of Severance Payments and Compensation for Moral Damages to Employee Forced to Register Nonexistent Break
A security company was ordered to compensate an employee R$ 5 thousand after forcing him to sign time sheets indicating breaks for rest that never occurred. The decision of the 10th Panel of the Regional Labor Court of the 3rd Region (MG) recognized the nullity of the just cause applied and also determined the payment of the severance payments due.
According to the judges, it was proven that the practice adopted by the company violated labor legislation and the dignity of the employee. For the rapporteur, Judge Ricardo Antônio Mohallem, the security guard’s refusal to sign false records did not constitute negligence but rather a legitimate stance against the irregularity.
Nonexistent Break and Pressure in the Workplace
According to the case file, the employee was accused of violating company rules by refusing to sign the nonexistent break.
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He was ultimately dismissed for just cause, under the allegation of insubordination and using foul language against the supervisor.
The company’s defense stated that the dismissal was provided for in article 482, item “e”, of the Consolidation of Labor Laws (CLT).
However, the analysis of the case showed that since July 2024, security guards were pressured to register breaks that were neither granted nor paid.
Testimonies and Evidence Presented
The rapporteur emphasized that the time cards and pay slips demonstrated the absence of payment for the alleged break.
In addition, a witness confirmed that the worker did not actually take intraday breaks.
In light of this evidence, the refusal to sign the records was considered legitimate and proportional.
The judge stressed that the application of just cause was unreasonable, as there were no prior warnings or appropriate gradation of penalties.
Compensation and Nullity of Just Cause
Based on the body of evidence, the panel recognized the nullity of the just cause and determined the payment of the severance payments typical of a dismissal without just cause.
The condemnation for moral damages in the amount of R$ 5 thousand was set to compensate for the embarrassment and violation of the worker’s dignity.
For the Justice, the practice of forcing the registration of nonexistent breaks violates not only labor legislation but also principles of good faith and respect in labor relations.
The decision reinforces that companies cannot create artificial mechanisms to disguise non-compliance with basic rights.
The recognition of the nullity of the just cause and the condemnation to compensate the worker R$ 5 thousand serves as a warning against abusive practices in the security sector and in other segments.
And you, have you ever witnessed situations where companies tried to impose records that did not correspond to reality? Do you think the compensation was sufficient to repair the damage? Leave your opinion in the comments and contribute to the debate.
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