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Court will decide the validity of sections of a collective labor agreement (CCT) for the collective meal wholesale trade sector that regulates the provision of basic food baskets to unionized and non-unionized employees. TST Superior Labor Court will judge the validity of the TST labor agreement Some CCT clauses differentiate the values and percentages of the basic food basket for employees affiliated and not affiliated with the category's union. For non-members, the basic food basket is R$123.50 and companies can deduct up to 15% of its value on their payrolls. For members, the basic food basket is R$130 and the discount is up to 8%. The case began to be judged last year and returned to the section's agenda on the 13th. However, a request for a review from Minister Luiz Philippe Vieira de Mello Filho suspended the analysis of the case. There is still no date for resumption. The workers' union in the sector in question questions a ruling by the Regional Labor Court of the 7th Region (CE) that invalidated such clauses.
For the judges, the collective rule violates freedom of association, as it treats unionized and non-unionized employees differently. Lawyer Ronaldo Tolentino , partner at the firm Ferraz dos Passos Advocacia, which represents the workers' union, argues that the collective norm only reinforces the organization of the workers themselves. The employee can choose whether or not to join the union and receive the extra be Special Phone Number Data nefit. "The union member has a monthly expense paying the union contribution, and this worker is the one who subsidizes the collective labor negotiation that benefits the entire category, even those who are not members", explains the lawyer. According to him, this cost gives unionized workers a special status. The TST has precedents favorable to the TRT-7 thesis. For Tolentino, if the court decides to change its jurisprudence, "it will allow unions to negotiate in a different way, even if this freedom is restricted to rights not provided for by law, in order to encourage workers to join.
Before Mello Filho's request for a review, three ministers had already spoken out against the union's thesis: Alexandre de Souza Agra Belmonte, Ives Gandra da Silva Martins Filho and Maria Cristina Peduzzi. Minister Mauricio Godinho Delgado opened a disagreement and granted the appeal.It is up to the common state or district courts to process and judge demands in which the consumer requests the renegotiation of debts resulting from over-indebtedness, even if there is a federal entity among the creditors. Rafael L. Rapporteur, Minister Marco Buzzi coordinates a working group created by the CNJ to improve procedures on the topic Rafael L. With this understanding, the 2nd Section of the Superior Court of Justice resolved a conflict of jurisdiction in the case of an individual who acquired unpayable debts with four different banks: three of them private and Caixa Econômica Federal. As a general rule, the presence of CEF as a defendant would lead to the case being judged by the Federal Court. Despite this, the Judiciary has taken such cases to the common state courts based on the interpretation of article 109, item I of the Federal Constitution.
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發表於 17:25:16