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There is no legal support to condition the recognition of unhealthy conditions to the requirement of a technical or expert report. With this understanding, the Plenum of the Regional Labor Court of the th Region determined the payment of a % hazard pay premium for health professionals in the state of Ceará exposed to the risks of Covid- Rovena Rosa/Agência Brasil Decision affects all health professionals in Ceará represented by the union Rovena Rosa/Agência Brasil The ruling took place in an incident of assumption of jurisdiction (IAC), which seeks to create jurisprudential precedents in processes that deal with topics with relevant questions of law. Therefore, the decision applies to all workers represented by the Union of Employees of Health Services Establishments in the State of Ceará (Sindsaúde-CE) while the state of public calamity lasts. Since the beginning of the Covid- crisis, Sindsaúde had been asking the Court for additional unhealthy conditions for workers, at a maximum level of %. The first instance magistrates rejected the injunctions and ordered the production of an expert opinion. The union appealed to TRT-, with the argument that there was no need for expert evidence, due to the notoriety of the maximum level of infection by the disease. Judge-rapporteur José Antonio Parente da Silva welcomed the union's arguments. He recalled that health authorities around the world have been warning about the risks faced by health professionals and that there have already been several public demonstrations in favor of greater protection for them.
"The harmful effects of Covid-, a Greece Phone Number pandemic that is ravaging the world, are notorious and the severity of the pathogen to which health professionals are subjected is clear, which is why it is inferred that the applicable percentage is %, that is, the degree maximum", said the judge. The judge also highlighted that the risk of infection by the virus, the difficulty of control and the impossibility of neutralization "are already well outlined and recognized in several documents issued by the Ministry of Health". Therefore, according to the rapporteur, the worker deserves recognition of the additional payment in proportion to the risk, even as a form of motivation for carrying out his duties. With information from the TRT- press office .Uber's patrons, on an ongoing basis, filed a writ of mandamus against the decision, alleging that obtaining information from this expert evidence would have the potential to bring to light confidential information, apparently fundamental in the business segment in which Uber itself operates, as well as would be completely unnecessary to resolve the subject of the labor claim. The Regional Labor Court, however, denied the security [] , and Uber filed an ordinary appeal against the decision.
Here, in this fact, lies the good command of procedural law by the aforementioned employers, who even needed to resort to partial correction with the Labor Court Inspectorate. In fact, realizing the difficulty of the debate to be held within the scope of the Regional Court, the patrons found a bold way out and in perfect accordance with procedural laws, namely, the filing of an ordinary appeal to the TST, with a request for an injunction that would confer a suspensive effect. to the aforementioned appeal, as occurred in the episode involving the company Loggi. The Superior Labor Court, in its position, in the person of the rapporteur, minister Douglas Alencar Rodrigues, granted the provisional urgent protection of an antecedent precautionary nature and, as a result, suspended the carrying out of the expertise on the algorithm until the judgment of the ordinary appeal in the files of the writ of mandamus by SBDI- of the C. TST. There is no doubt, therefore, that a good and correct command of Labor Procedural Law can, literally, "save" a client, resolve their problem and bring justice to the specific case, without the need for delaying procedures or those riddled with malpractice. procedural faith.
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发表于 2024-3-12 15:22:09
