TRT- recognizes employment relationship between language school and instructor

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Having noted the author's insertion in the company's dynamics, the th Panel of the Regional Labor Court of the rd Region upheld a decision that recognized the employment relationship between a language school and an employee hired through a legal entity. The company must pay labor costs, including unfair dismissal. reproduction The instructor managed to obtain recognition of the employment relationship from the labor court Reproduction The man worked as an instructor and, later, coordinator at the school. The defendant claimed that there was no legal subordination, exclusivity or personality. He also maintained that he did not pay him salaries, only "fees" as consideration for the services provided. The judge called Marco Túlio Machado Santos, rapporteur of the case, found from the oral evidence that the relationship between the parties would not be merely commercial, but rather employment-related. The company's own partner confirmed that he instructed the author to open a firm in order to be hired. Other witnesses pointed out that the man responded to his partners and that all the school's teachers also provided services through their own micro-enterprise.

According to the rapporteur, the Greece Phone Number instructor provided services on a onerous, subordinate and non-occasional basis, and his activities would be typical of an employee. "It should be noted that the author did not have autonomy in providing services, nor could he be replaced by someone outside the company", he pointed out. The judge pointed out that the company used a practice known as pejotização, in which the worker is hired through a company formed to avoid labor rights and the collection of FGTS, Income Tax and INSS funds. The rapporteur also refuted one of the defendant's arguments and recalled that "the fact that the author gave private lessons is not an obstacle to the recognition of the relationship, considering that there is no exclusivity in the employment relationship, and there is no prohibition on carrying out other activities outside working hours ". With information from the TRT- press office . I would also remember another labor jurist, this contemporary, Alain Supiot, when he said that the proceduralization or proceduralization of law is a phenomenon of modernity, as it enables greater effectiveness of the right to private legal relations, completing with the statement that collective negotiation is, for excellence, the labor law procedure for this purpose. To do so, he used Jürgen Habermas, who incorporates modern law into communication theory.



Just see, ladies and gentlemen ministers, what the newspaper O Estado de São Paulo , in the edition of May , , in the economics section, published about the solution found in the conflict of homogeneous individual interests of workers collectively dismissed with the participation of its union and the company Ford, as a result of the closure of its industrial activities in Brazil, involving five thousand laid-off workers, and an agreement was reached that each worker would receive the amount of one hundred and thirty thousand reais, totaling six hundred and fifty million of reais as labor compensation, while a contractual termination without the union would result in each employee receiving only severance pay of a negligible value. In the words of legal philosopher Michel Villey, the case described above would be a hypothesis of fair objective, an expression of legal realism, different from rationalism and positivism, in which the law and the contract prevail over justice. And, for the late professor Miguel Reale, in his three-dimensional theory, in which the law is not only the norm, but also the fact and the fair, the above example of Ford's mass dismissal illustrates well the significant importance of the legal fact , which, together with the norm and the axiological element of justice, complete the concept of law applied to the specific case.