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Without a clear demonstration of reasons, a company cannot dismiss an employee who suffers from an occupational illness and is entitled to accident stability. For this reason, Subsection II Specialized in Individual Disputes (SDI-) of the Superior Labor Court rejected an appeal by Banco Bradesco SA against a decision that determined the immediate reinstatement of a bank employee dismissed from São Paulo (SP) dismissed when he was away from his duties and with surgery scheduled due to occupational illness. For the collegiate, the order from the th Labor Court of São Paulo is not abusive or illegal. In the labor complaint, the bank employee, who worked as an executive teller, said he had carpal tunnel syndrome, a work-related illness. He was fired in November , after years of service, and, the following month, during the course of the notice period, his incapacity for work was certified and his leave was requested for days, until, in April, he submitted himself. to surgery. In view of the evidence presented, the first degree court granted urgent relief to determine his reinstatement in employment and the maintenance of his health plan.
Against this order, the bank filed a Greece Phone Number writ of mandamus, arguing that the employee had omitted relevant issues to obtain an undue advantage. Thus, the order would have violated his clear and certain right to terminate the employment contract. The claim was rejected by the Regional Labor Court of the nd Region (SP), for which the history of the pathology and the epidemiological risk involving the role performed by the bank employee suggested some plausibility regarding the causal link, to be confirmed by technical evidence at the time. timely, in the main action. Medical leave and stability The rapporteur of the bank's appeal to the TST, minister Agra Belmonte, noted that the decision to reinstate the employee was based on the existence of the requirements of article of the Civil Procedure Code (CPC): the probability of the right and the danger of damage or risk to the useful result of the process. In it, it was considered that, at the time of termination, the worker was ill, including surgery scheduled for a near date, being supported by the stability resulting from accidental medical leave.
Therefore, the board understood that the bank employee could not have been dismissed, after more than years of work, without there being a clear demonstration of the reasons that would exclude stability. In this sense, the minister explained that granting a deadline for producing evidence of the bank's allegations is not applicable in the writ of mandamus. The decision was unanimous. With information from the press office of the Superior Labor Court. If an AI system is used to determine the duration and time of each task assigned to a worker, the consequence could be a decrease in autonomy and the worker's own fear of losing their job, as the machine will not take problems into account health benefits, toilet or bath breaks, if the employee lives at the workplace, which is what has already occurred, for example, with an algorithm used by Amazon, which alone prepared warnings and even dismissed workers, with low productivity being the which is why more than employees lost their jobs at the Baltimore unit in just one year, in what we could call true "electronic slavery" .
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发表于 2024-3-12 13:15:35