Fearing the labor reform government condemns employee to pay more than R $ 8mil former employerBased on the new labor law Jose Cairo Junior judge, He condemned the worker to pay process.
A worker was condemned last Saturday to pay 8.500 real in court costs and compensation to former employer based on the new labor law. Changes in the Labor Code entered into force on the same day. The decision was taken by judge Jose Junior Cairo, 3rd Work stick Ilheus (BA).
According to the process, the employee Cosme dos Santos requested in court redress for having been assaulted when he went to work. But the magistrate understood, in his decision, the employee improperly triggered the Justice. This is because the record of the police report would indicate that he was robbed before starting the journey, which prevents the characterization as a work accident, as requested.
The judge also considered that if the activity was not related to the crime, which removes the responsibility of the employer in this case. "Economic activity developed by the claimed (agriculture) does not imply increased risk of burglary ", says sentence excerpt.
As the employee lost the suit, the judge applied the new rule of the Labor Code which states that fees must be paid to the winning party - the so-called attorney fee. The value was set at 5.000 real (10% the amount requested in action).
Santos also pleaded payment for overtime which would be owed by the former employer Marcelo Amaral. But the judge ruled that the employee acted in bad faith by not prove who complained and give conflicting information about their working day. Although payment for activating the Justice improperly existed, the magistrate also used the new labor law to reject the application for free legal aid. Thereby, the former employee was also ordered to pay 1.000 in real court costs, and more 2.500 reais in compensation for litigation in bad faith.
According to the judge, the new rules are worth because, in this case, the period considered is the sentence, even if the process is started when the old law was in force. "Therefore, is decided by the immediate implementation of the outstanding demands of the so called Law of Labor Reform, including with regard to the attorney fee and free justice ", He wrote the magistrate.
The former employee of the lawyer, Cláudio Matos, He said he could not talk about the decision, I had not been officially notified.