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Doorman Worked For Over A Year Without Registration And Was Dismissed After The Implementation Of Electronic Concierge In A Condominium In São Vicente (SP). Justice Determined Payment Of Compensation And Recognized Employment Link.
The Labor Court sentenced a condominium in São Vicente (SP) to pay R$ 101 thousand to a doorman dismissed after the installation of electronic concierge.
The worker worked for more than a year without registering in the work card, according to the case.
The decision, published in October 2025, is final and cannot be appealed.
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Dismissal After Adoption Of Electronic System
According to the records, the doorman stated that he worked in the condominium since February 2023, without the link being formalized.
He was dismissed in September 2024.
The next day, the building hired a virtual concierge company to take over access control, a fact confirmed during the trial.
Judge Points Out Bad Faith In Proceedings
The sentence was issued by Judge Charles Anderson Rocha, from the Labor Court of São Vicente.
The magistrate concluded that there was bad faith litigation on the part of the condominium by denying the existence of the electronic system during the proceedings.
The penalty was incorporated into the total condemnation amount.
Recognition Of Employment Link And Labor Obligations
In addition to compensation, the court ordered the condominium to register and terminate the doorman’s contract in the Work Card, recognizing the period of service rendered.
The sentence includes prior notice, proportional 13th salary, simple and proportional vacation, FGTS, overtime, and other labor rights provided by law.
Condominium Proposes Installment Payment
The defense of the condominium, represented by the law firm Graeser Advocacia, informed that it proposed to the former employee’s lawyer the installment of the owed amount.
According to the firm, the aim is to avoid harm to the condominium’s finances and ensure payment to other employees at the end of the year.
On the other hand, the firm Vilas Boas & Leandro, which represents the doorman, stated that the worker is willing to accept the installment, as long as there is no waiver of amounts and that payments occur within a reasonable timeframe.
The number of installments has not been defined yet.
Points That Sustained The Conviction
The recognition of the employment bond and the immediate replacement by an automated system were considered the main elements for the conviction.
The court understood that there was a characterized employment relationship and that the worker did not receive the termination payments correctly after the dismissal.
Understanding Of Bad Faith In Proceedings
The penalty for bad faith was applied based on Article 793-B of the Consolidation of Labor Laws (CLT).
The rule provides for penalties when a party alters the truth of the facts or acts with the intention of leading the judge to error.
In this case, the denial of the existence of the electronic concierge was interpreted as an attempt to omit relevant information from the proceedings.
Compliance With The Court Decision
After the publication of the sentence, the condominium must regularize the doorman’s professional registration and make the full payment of the recognized amounts.
The determination also includes the collection of FGTS and the payment of overtime corresponding to the period worked without registration.
The form of payment is still in the stage of negotiation between the parties.
Experts Assess The Impact Of Automation
Labor lawyers consulted by specialized vehicles state that cases like this have become more common, especially in condominiums and companies that adopt automated systems to replace in-person positions.
According to these experts, the introduction of technology does not exempt the employer from obligations concerning the period when there was a regular employment relationship.
Furthermore, the professionals indicate that replacing with artificial intelligence or virtual systems must be planned and formalized to avoid labor liabilities.
The absence of registration or dismissal without payment of mandatory amounts can lead to similar lawsuits as in São Vicente.
Trend Of Automation And Legal Challenges
According to analysts in the condominium sector, the use of electronic concierges and remote services is expected to grow in the coming years for security and operational cost reduction reasons.
Legal experts emphasize that technological advancement must be accompanied by full compliance with labor laws, especially in cases of transition of work models.
For labor law specialists, decisions like this reinforce the need for formalization of ties and respect for legal guarantees, even in contexts of automation.
The employer’s liability, according to them, does not cease simply because the service has been subsequently automated.
Given this changing labor market scenario and the growing use of artificial intelligence, to what extent are companies and condominiums prepared to reconcile technology, economy, and compliance with labor laws?
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