Employee action against union is the responsibility of the Labor Court

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As determined by article of the Constitution of the Republic, the Labor Court has the power to judge actions relating to labor relations, which includes union representation. With this understanding, the th Panel of the Superior Labor Court recognized the competence of the Labor Court to deal with a complaint filed by a metalworker against the union in his category. Disclosure The former Ford employee took action against the union in his category Disclosure In the action, the former Ford do Brasil mechanic, from Taubaté (SP), asks the Metalworkers Union of Taubaté and Region to pay compensation for moral damages of R$,, alleging that the entity was negligent and colluded with its dismissal and that of another employees, which occurred in The worker maintains in the action that the dismissal was "completely irregular and questionable", as the category's union was not present at the time of dismissal, nor at the signing of documents. According to him, those fired were informed that the entity knew about the company's schedule and, even so, did not show up and subsequently signed a document that could only have been signed on the day of dismissal, in the presence of the workers, approving the abusive act of the company.

automaker. The court of the nd Labor Greece Phone Number Court of Taubaté dismissed the claim for compensation as unfounded and the Regional Labor Court of the th Region (interior of São Paulo), when examining the appeal, understood that the case should be judged by the common courts, and not by the Labor Court, as it is a civil relationship between the union and its member. "There is no employment relationship capable of justifying the jurisdiction of the Labor Court", stated the regional court. However, the rapporteur of the worker's review appeal, minister Kátia Arruda, recalled that item III of article of the Constitution of the Republic provides for the competence of the Labor Court to process and judge cases based on the matter (actions on union representation) and on the basis of the person (actions between unions, between unions and workers and between unions and employers). Section IX of the same article also grants the Labor Court jurisdiction to process and judge "other controversies arising from the employment relationship, in accordance with the law". "In the case of cases of action between a union and a worker, resulting from the union's actions representing its members, the Labor Court is competent to judge the claim, as expressly provided for by the Constitution", he concluded.



Unanimously, the panel ordered the case to be returned to its origin so that the trial could continue. With information from the TST press office.It also maintains that the new law allows that in the same beauty salon (partner salon), for example, there are workers with identical functions, but with different legal treatment, that is, one is a professional employee and subject to legal and of the CLT, while the other, "professional-partner" and without an employment relationship, must set up his own company, and may be a small businessman, micro-entrepreneur (ME) or MEI (individual micro-entrepreneur) and cannot perform functions other than those described in the contract of partnership. Know more . Direct Action of Unconstitutionality (ADI) Rapporteur: minister Gilmar Mendes National Association of Cellular Operators (Acel) x Governor and Legislative Assembly of PR The action has as its object State Law / of Paraná, which provides for penalties for those responsible for the action improper use of telephone services to respond to emergencies involving removals or rescues, firefighting, police incidents or disaster response (prank call)." As soon as possible, it is important to conclude the trial to provide the necessary legal certainty on the issue."