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Know How The Decision Impacts Offshore Workers And May Set A Precedent For Actions In The Oil And Gas Sector
The Labor Court sentenced the multinational Halliburton Serviços Ltda. to pay around R$ 300 thousand to an Offshore Supervisor due to excessive working hours, missed days off, and common labor irregularities in the oil and gas sector. The decision, rendered in case No. 0100037-68.2018.5.01.0481, exposes recurring practices in offshore operations and reinforces the rights of those working on board. The information from CAIO AUGUSTO GALIMBERTI ARAUJO.
Offshore Schedule Above The Limit And Missed Days Off
During the contract, the supervisor followed shifts of 12 to 21 days on board, which were supposed to be followed by the same period of days off. However, he was often called to work up to 8 extra days per month, both onshore and offshore, directly affecting his right to rest.
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Additionally, during the shifts, the professional worked shifts exceeding 12 hours, exceeding the legal limit due to on-call duties, meetings, and shift changes, without the minimum interval of 11 hours between shifts, as provided by the CLT and health and safety regulations.
Rights Recognized By The Labor Court
The decision ordered the payment of the following amounts, recognizing several rights violated by Halliburton:
- Overtime with additional 50% and 100% on:
- All time beyond 12 hours per shift
- Rest breaks (11 hours) not granted between shifts
- Sundays and holidays, both onshore and offshore
- Days worked after the 14th day on board
- Missed days off, with an additional 100%
- Integration of bonuses and additional payments (“Operations Bonus”, “DSR Operations Bonus” and “Ad.Pers/Tr.Bonus/Commission”) into the overtime calculation base
- Reflections of these amounts in 13th salary, vacation + 1/3, notice period, and FGTS + 40%
Compensation Reinforces Rights Of Workers On Board
According to the ruling, even after years from the end of the contract, workers on board in similar conditions can seek the Labor Court to receive substantial compensations. Many companies in the oil and gas sector still neglect basic rights, such as rest between shifts and correct payment of overtime and days off.
“The decision reinforces that, even years after the end of the contract, those who worked on board with shifts exceeding 12 hours, cut days off or bonuses paid outside the salary base may have substantial amounts to receive.”
Differences Between Legislation And Practice In The Offshore Sector
While the CLT and regulatory standards establish clear limits for the shifts and rest of the offshore worker, it is common for companies in the sector to seek to relax schedules to meet the high demand of operations. However, the Labor Court has become increasingly stringent in recognizing abuses and condemning practices that harm the worker.
Comparison: Legislation vs. Offshore Routine
| Legislation | Offshore Routine (Halliburton Case) |
|---|---|
| Maximum Shift of 12h/day | Shifts exceeding 12h/day, for several consecutive days |
| Minimum Rest of 11h | Reduced breaks to 20-30 min; rest denied |
| Schedule 1×1 (same time on board and off) | Missed days off, calls during rest periods |
| Payment of Overtime and Reflections | Overtime not paid correctly, bonuses outside the calculation base |
Important Precedent For The Oil And Gas Sector
The conviction of Halliburton serves as a warning for companies in the oil and gas sector, showing that labor abuses can result in million-dollar convictions. The case reinforces the need to ensure compliance with work schedules, correct payment of overtime, granting of days off, and inclusion of all bonuses in the salary base.
What To Do If You Experienced A Similar Situation?
Offshore workers who worked under similar conditions — with excessive shifts, missed days off, or bonuses not integrated into salary — can seek their rights, even years after the contract ends. It is advisable to gather documents such as contracts, shift records, messages, and time sheets to support a potential action in the Labor Court.
Have you ever worked on board and faced shifts above the limit? Do you believe that companies in the sector truly respect the rights of offshore workers? Share in the comments!
A sentença acima foi anulada pelo Tribunal Regional do Trabalho, pois ouve erros no processo. Foi enviado ao TRT de Macaé para correção e nova sentença
O obreiro ganhou a ação sim.
Trabalhei na halliburton e o sindicato falou que ia me ajudar nessa causa (na época estava empregado lá), simplesmente o sindicato quebrou o sigilo e eu fui mandado embora kkkkk
Os sindicatos tem acordo com as empresas. Nunca confie nos sindicatos
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