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Labor Having proven a degrading work situation, the Labor Court of Teófilo Otoni (MG) recognized the right to compensation, for moral and sexual harassment, in the amount of R$,, for the worker who sold masks at a stall. Stefan Laws Stall salesperson will be compensated after suffering moral and sexual harassment from boss Stefan Laws The author of the action points out that she provided services at the bank for just over a month and a half, in mid- She would have been forced to work standing up all day, without being able to go to the bathroom and without having time to eat. Thus, it would constitute moral harassment. She further reported that she was sexually harassed by a company representative. In its defense, the company denied the seller's claims. She maintained that the boss could be called when the worker needed to go to the bathroom or have lunch. To dismiss the accusation of sexual harassment, he argued that the woman had "hit on" her hierarchical superior. In his sentence, judge Bruno Occhi cited Normative Instruction / of the Labor Inspection Secretariat.
The standard provides for Greece Phone Number supervision to eradicate work in conditions similar to slavery, and considers any form of denial of human dignity through violation of the worker's fundamental right to be a degrading working condition. For the magistrate, it was proven that the employee was exposed to a degrading situation, as the testimony of a witness confirmed that employees could only leave to go to the bathroom or to have lunch if someone was willing to look at the stall. Therefore, by depriving the worker of using the bathroom whenever necessary or of being absent from the stall even to eat, the employer harmed the seller's human dignity and self-esteem and moral damage must be presumed in the case, Occhi pointed out. Sexual harassment In relation to sexual harassment, the judge found, from the evidence produced, that the accused was persistent in harassing employees, taking advantage of his hierarchical superiority. Witness said that he even touched his private parts against the complainant's body, including in front of co-workers. According to the report, the stall owner did nothing to solve the problem, which, in the judge's opinion, encouraged the attacker even more.
In the decision, the judge considered that, in cases of sexual harassment, it is common for the victim to remain unresponsive, fearful about exposing their intimate life, and losing their job, which brings a feeling of comfort and impunity to the harasser. In the case examined, an exchange of messages on WhatsApp between those involved was presented in the process. The worker even said in a message that she found her boss attractive and would even “stay” with him. However, for the judge, conversations via the app do not change the abusive nature of the hierarchical superior's conduct. "This fact does not justify the reprehensible act of the aggressor who, abusing his hierarchical power, maintained more intimate bodily contact with the employee, without her consent, in the workplace and in front of co-workers", noted the judge. On appeal, judges from the st Panel of the Regional Labor Court of the rd Region maintained the sentence in this aspect. With information from the TRT- advisory.Monetary correction, on the other hand, is not in the nature of a penalty and does not represent an increase in the value of the fine, but merely recompensing the loss of purchasing power resulting from inflation, which is why when calculating the fine due, in the settlement phase, the monetary update of the value must be applied, rined in Precedents and of the TST when determining the application of interest on the amount due already monetarily adjusted and that both must be included in the execution, regardless of express request: "Precedent — default interest.
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發表於 2024-3-12 13:18:43