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Decision of the TRT of the 4th Region Confirms That the Salary Reduction After Labor Action Configured Serious Misconduct by the Employer, Guaranteeing the Security Guard Indirect Dismissal and Compensation.
The Labor Court upheld the conviction of a security company that reduced the salary of a security guard by more than half after he filed a lawsuit against the employer. The decision, from the 5th Panel of the Regional Labor Court of the 4th Region (TRT-4), recognized that the conduct constituted serious misconduct, under the terms of Article 483, item “g”, of the CLT, which allows for indirect dismissal of the contract when the employer causes significant damage to the worker.
According to the migalhas portal, the provisional amount of the conviction is R$ 35 thousand, including salary differences, severance pay, and a fine of R$ 5 thousand for non-compliance with a previous decision that stipulated the cancellation of the contract and the delivery of the termination notice.
The Origin of the Conflict and the Drastic Drop in Income
The security guard worked in three bank branches and in a soccer stadium, with a salary of approximately R$ 2,3 thousand per month.
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After filing a labor lawsuit questioning deductions on days with a medical certificate, the employee stopped being scheduled for work posts and began to receive only R$ 800 monthly.
The company claimed that one of the bank branches had requested his replacement and that, without another available post, it kept him “on standby,” awaiting possible urgent calls.
Judge Rafael Moreira de Abreu, from the Labor Court of São Sebastião do Caí (RS), understood that the dismissal was a voluntary act of the company, and not a natural consequence of the lack of positions, which could not cause financial harm to the employee.
Based on this understanding, the magistrate recognized the indirect dismissal of the contract and attributed subsidiary liability to one of the banking institutions involved in the provision of services.
Court Confirms the Serious Misconduct of the Employer
In the ruling of the appeal, the 5th Panel of the TRT-4 upheld the recognition of the indirect dismissal, but dismissed the compensation for moral damages of R$ 15 thousand that had been ordered in the first instance.
The reporting judge Angela Rosi Almeida Chapper emphasized in her vote that, even after the request for the worker’s replacement, the company had legal alternatives that were not adopted, such as relocating the security guard to another post, even if farther away, or terminating the contract properly.
“The employer chose to maintain the contract by reducing the days of work and, consequently, the worker’s income, which characterizes serious misconduct,” the reporting judge stated.
She also highlighted that the idleness was not the employee’s choice, and therefore, neither the danger pay nor the food allowance should have been deducted during the period in which he remained on standby.
The vote was supported by judges Vania Cunha Mattos and Cláudio Antônio Cassou Barbosa, consolidating the understanding that the intentional reduction of salary after legal action undermines the contractual good faith and the dignity of the worker.
The Importance of the Decision for the Security Sector
The decision reinforces that, even in high turnover activities like private security, companies must respect contractual guarantees and the basic rights of the employee.
Arbitrary reductions in work hours or salary, especially after the filing of labor lawsuits, can be interpreted as retaliation and result in judicial convictions.
In addition to ensuring the payment of salary differences and severance pay, the understanding of the Justice reaffirms that the artificial maintenance of the employment relationship without effective work and without adequate remuneration violates the CLT and undermines the trust relationship between employer and employee.
The Justice considered the conduct of the company that reduced the salary of a security guard after a labor lawsuit as serious misconduct, guaranteeing the worker compensation of R$ 35 thousand and indirect dismissal of the contract. Do you believe that this type of attitude is still common in Brazilian companies? Or do you think that decisions like this help curb abusive practices in the workplace?
Leave your opinion in the comments as the experience of those who live this daily helps to understand the true impact of labor decisions in Brazil.
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