A recent decision of the Labor Court (TRT15), which comprises Campinas city and its surrounding areas, recognizing the right of compensation for moral damages resulting from delays of severance payments, serves as an alert for all employers.
The decision condemned the defendants, the employer, and the outsourced service taker, to pay to the claimant a compensation of BRL 2,000.00 for moral damages. The claimant provided services for a period of six months.
The argument used in the Court’s decision is based on “the occurrence of internal suffering, anguish or bitterness experienced by the author for the abrupt rupture of the employment contract without the severance payments”. The reporting judge was Eleonora Bordini Coca.
In this case, the Court had affirmed that it is not possible to demand proof for the moral damage. The simple fact to have left the claimant without payment of the labor rights resulted into financial and moral consequences for him. According to the court’s decision, the claimant’s allegations are substantial enough for moral compensation.
The human resources’ department must be careful to comply with the duties of the employees upon termination of the contracts, paying the severance payments correctly, within the legally established period.
It is highly recommendable for the outsourced service taker to supervise the fulfillment of the labor obligations by the employers, under the responsibility to respond jointly, depending on the understanding of the labor justice.
Lawsuit 0001814-78.2013.5.15.0089
Labor Team at Pacheco Neto Sanden Teisseire Law Firm.
