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Labor Court Ruling in Rio Authorizes Reduced Working Hours Without Salary Reduction for Bank Employee with Disabled Daughter, Establishes Daily Fine for Non-Compliance, and Revives Legal Debate on Limits and Foundations in the Private Sector.
The 64th Labor Court of Rio de Janeiro ordered the reduction of a bank employee’s work hours from eight to four hours per day, without a salary decrease, so she can provide ongoing care for her disabled daughter.
The ruling also established a daily fine of R$ 10,000 for non-compliance with the order.
The case is proceeding under confidentiality, preventing the disclosure of the worker’s name and sensitive details of the case.
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According to the Rio de Janeiro Bank Workers’ Union, the professional works at Itaú Bank and sought the judiciary to facilitate a reconciliation between her job and the need for continuous care of her daughter.
The decision was rendered on December 15, 2025, as reported by the union. The lawsuit relied on the support of the legal department of the organization and the advice of AJS Cortez & Associates Lawyers.
Reduced Working Hours Without Salary Cut
According to the union’s announcement, the ruling allowed the bank employee to work a four-hour daily shift, replacing the previous eight-hour schedule.
The judge also ensured full maintenance of the salary, with no salary reduction.
To ensure compliance with the order, a daily fine of R$ 10,000 was established for non-compliance.
According to the union, the penalty aims to ensure the effectiveness of the decision and prevent delays in implementing the new working hours.
Furthermore, based on the public information, the judge considered the need to reconcile employment with the ongoing care demands arising from the child’s health condition.
However, the full contents of the ruling have not been disclosed.
Constitutional Foundations Applied to the Private Sector
The ruling was not based on any specific regulation in the private sector that explicitly provides for the reduction of working hours for employees with disabled children.
Nevertheless, Judge Ana Larissa Lopes Caracóis grounded her understanding in constitutional principles, such as human dignity, comprehensive protection of childhood, and the rights of persons with disabilities.
According to the union, the judge also drew parallels from established understandings in rulings involving public servants, applied to fill the gap of direct legal provisions in the private sector.
The organization believes that this aspect contributes to the legal debate on the topic, although there is currently no uniformity of this understanding in Labor Justice.
The union’s communication also mentions that the ruling referred to the Protocol for Gender Perspective Judgment, developed by the National Justice Council, as one of the references adopted in the foundation.
Case Implications According to the Union
In a statement released by the organization, the executive director of the Union’s Legal Department, Dênia Cristina Faria, commented on the significance of the decision.
For her, the ruling demonstrates attention to the circumstances faced by working women responsible for intensive family caregiving.
“The fact that it was issued by a female judge is very important and symbolic, because we, women, know better than anyone what children represent in our lives and the extent of care they require. The judge was technical, but also showed sensitivity and solidarity, reflected in humanity and commitment to social justice,” she stated, as reported by the union.
According to the organization, the case was mentioned in the column of journalist Ancelmo Góis in the newspaper O Globo.
The note does not indicate whether there was any public statement from the bank regarding the ruling or whether the institution intends to appeal.
Action of the Worker’s Legal Defense
Lawyer Manuela Martins, who represents the Rio Bank Workers’ Union and AJS Cortez & Associates Lawyers, stated that the foundation adopted by the judge followed the arguments presented by the worker’s defense.
According to her, the Protocol for Gender Perspective Judgment of the CNJ was indicated as a relevant instrument for analyzing the case.
“The ruling, as requested by the union’s legal team, is based on the Protocol for Gender Perspective Judgment of the National Justice Council, an essential instrument for combating structural inequalities and the perpetuation of gender-based discrimination,” she declared, according to the released statement.
In the same communication, the lawyer stated that the outcome represents a step forward in recognizing the rights of working women.
The statements reflect the defense’s assessment and do not provide additional details about the legal foundations utilized beyond those already disclosed.
Daily Fine and Obligation to Comply with the Decision
Another point highlighted by the union was the establishment of the daily fine of R$ 10,000, intended for cases of non-compliance with the ruling.
The penalty applies if the bank fails to implement the reduced hours or does not maintain the worker’s full salary.
As the case is being handled under confidentiality, no information has been disclosed regarding deadlines for adapting the working hours, potential appeals, or other supplementary determinations in the ruling.
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