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With the understanding that the judicial seizure correctly followed the rules set out in the Civil Procedure Code (CPC), Subsection II Specialized in Individual Disputes (SDI-) of the Superior Labor Court rejected the appeal of a retired civil engineer who had % of the net value of your remuneration seized to pay a labor debt. reproduction The retiree had part of his monthly income seized due to labor debt Reproduction The debt concerns a labor claim filed by a former employee of Alusud Engenharia e Indústria de Construção Espacial Ltda., a company in which the engineer was a partner and which was declared bankrupt in After demonstrating that he needed to pay for medical treatment, the retiree had already obtained a favorable decision from the Regional Labor Court of the th Region (interior of São Paulo), in a writ of mandamus, to reduce the attachment from % to %. In an appeal to the TST, he tried to reduce the amount to %, arguing that the net amount received monthly (R$,) was not enough to pay for his basic needs.
The retiree also claimed that the Greece Phone Number food nature of retirement should be superimposed on the food nature of the labor credit. The rapporteur of the appeal, Minister Douglas Alencar, highlighted that the issue gained new contours with the CPC. According to paragraph of article , the unseizability of salaries, subsidies and retirement benefits does not apply when the purpose of judicial restriction is the payment of alimony payments, regardless of their origin, nor in cases of amounts exceeding monthly minimum wages. In these situations, the payroll deduction cannot exceed % of the debtor's net earnings. The change, according to the minister, aimed to reconcile the legitimate interests of the effectiveness of judicial decisions in the interest of the creditor and the avoidance of debasement or less severity for the debtor. He also noted that the labor debt corresponded to unpaid rights at the time of service provision, equally of a salary and food nature.
The request to reduce the attachment was then unanimously denied by SDI- With information from the TST press office.Despite protecting motherhood, the law brings a setback and creates a prejudice against hiring women. The way it was approved, employers will be the ones who will pay this bill, without any assistance from the State." "Thus, unfortunately, a possible solution is to suspend the employment contract of pregnant employees — including pregnant domestic workers —, which is the days expiry of MP ,, and monitor the progress of vaccination. They will keep their labor rights preserved, but they will have to leave and — in this case — they will not receive their salaries", he concludes.As a result, the judge voted to condemn the company for R$, for material damage and R$, for moral damage. The rapporteur's understanding was unanimously followed. The worker was represented by lawyer Davi Teles Marçal .
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發表於 17:38:44