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TST Confirms Clause That Guarantees Compensation to Concierges Dismissed After Replacement by Virtual Portaries, in a Decision That Seeks to Balance Technological Innovation and Social Protection for Workers.
The SDC of the Superior Labor Court (TST) confirmed the validity of a collective agreement clause that ensures ten wage levels to concierges dismissed due to the replacement of on-site portaries with remote monitoring virtual systems.
For the majority of the collegial body, the measure reconciles free enterprise with social protection of labor, mitigating the immediate impacts of automation on the category.
The decision maintains the understanding of the Regional Labor Court of the 2nd Region, which had already rejected an attempt to annul the clause.
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Thus, condominiums and companies that opt for remote control centers must pay the financial compensation provided whenever the termination results from the migration to the virtual portary.
What the Approved Clause Says
The central point of the case is the 36th Clause of the agreement signed between Sindcond, representing commercial, industrial, residential, and mixed condominiums in the State of São Paulo, and Sindifícios, the union of building employees in the capital.
The text stipulates that, upon replacing on-site positions with remote centers, the employer must pay ten wage levels of the category to each worker dismissed under these conditions.
According to the convention, the goal is to reduce the effects of automation on employment in the sector, without hindering the adoption of surveillance and control technologies.
In other words, the standard acts as a specific economic compensation for those who lose their job due to technological reasons.
Who Challenged the Rule and Why
The clause was legally challenged by the Siese/SP (Union of Companies of Electronic Security Systems of the State of São Paulo) and by Sintrasesp (Union of Workers in Private Electronic Security Systems of the State of São Paulo).
The entities argued that compensation would create barriers to competition and hinder the expansion of the virtual portary model by raising transition costs for customers and service providers.
The TRT-2 rejected the request, and the unions brought the matter to the TST.
In the judgment, the prevailing interpretation was that the clause does not regulate the electronic security market, but rather work relations affected by technological replacement, a typical subject of collective bargaining.
TST Foundations: Innovation with Protection
By majority, the SDC understood that the convention sought to balance innovation and protection for affected workers, in line with the constitutional principles of social valorization of labor and social justice.
There was no prohibition on automation nor restriction on the actions of technology companies; what was established was a compensatory mechanism in the face of dismissals directly linked to the change in model.
The minister Kátia Arruda led the winning vote.
According to her, the clause “does not impede automation nor restrict the actions of electronic security companies, but functions as a social compensation mechanism, seeking to balance the effects of technological innovations on workers.”
As she further stated, “the standard does not regulate the electronic security market, but the relationships between employers and employees affected by technological replacement. It is a legitimate social protection measure.”
The Divergence in the Collegial Body
There was a partial divergence.
The ministers Ives Gandra Martins Filho (reporter), Caputo Bastos, Maria Cristina Peduzzi, and Agra Belmonte voted differently regarding the maintenance of the indemnity clause.
The minority position considered that the provision could impact the competitive environment of the sector, representing an additional burden for the adoption of virtual portaries, even though the convention limits its incidence to cases of dismissal caused by automation.
Despite the divergence, the understanding prevailed that collective bargaining can modulate the effects of technological innovations on labor relationships, as long as it does not hinder economic activity or stifle entrepreneurial freedom.
In the prevailing assessment, the clause meets this requirement by not prohibiting technology, but conditioning the transition to financial compensation to the worker dismissed for that specific reason.
Practical Reach for Condominiums and Companies
In practice, the decision sets a legal parameter for the application of the clause within the base represented by the signatory entities.
Property managers, administrators, and service-providing companies that shift from on-site concierges to remote monitoring must qualify the reason for dismissal, documenting the direct relationship with automation for compensation purposes.
At the same time, outsourcing or technology contracts may provide for timelines and provisions for this transition cost, without preventing the adoption of virtual systems.
For workers, the precedent offers predictability in scenarios of technological restructuring, even if it does not eliminate job loss.
The compensation of ten wage levels serves as an immediate financial cushion, while the parties can advance in reskilling and reemployment programs, if agreed upon in future agreements.
Collective Bargaining in Times of Automation
The case fits into the broader agenda of automation and work.
As AI and remote monitoring become widespread in concierge, cleaning, security, and customer service, compensation, transition, and training clauses are likely to gain traction.
The TST, by validating the specific arrangement, signals that conventional solutions can be used to address the impacts of new technologies, as long as they respect constitutional limits and do not become absolute barriers to technical progress.
Still, the outcome does not standardize all scenarios.
Negotiations in other territorial or sectoral bases may establish distinct parameters, and discussions about the proportionality of value, eligibility criteria, and professional recycling mechanisms will continue to require dialogue between unions and companies.
Next Steps for Those Who Wish to Migrate
Companies and condominiums considering replacing on-site concierge with virtual centers will need to map the labor and budgetary impacts.
The usual recommendation, in light of the decision, is to plan the transition, identify which employment contracts will be affected, quantify the compensation due, and communicate the process clearly.
Employees should verify their link to the convention and, in case of dismissal associated with automation, gather documents that demonstrate the connection between the technological change and the termination.
Finally, employer and labor unions can leverage the precedent to negotiate complementary clauses, such as notice periods, reemployment support, and training aimed at operating new systems.
Such measures, when agreed upon transparently, tend to ease the transition and reduce disputes.
Given this scenario, how do unions, companies, and workers plan to adjust their upcoming collective negotiations to balance technological efficiency gains with economic security for those losing their jobs?
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