Banking fired near retirement will be reinstated

An employee of HSBC Bank Brazil S. A. - Multiple Bank, who was fired just four months of acquiring the stability provided in pre-retirement standard collective, got the job after the reinstatement decision of the Second Chamber of the Superior Labor Court. The Class invalidated the waiver, considering that this is abusive act of the employer.
The dismissal occurred when he was aged 25 years and four months working at the bank, two years and four months to complete the time for retirement and just four months to acquire pre-retirement stability. Alleging that the dominant jurisprudence is considered invalid in the sense of the dismissal of an employee missing a few months to acquire title to that stability, the bank appealed asking the nullity of the act dismissive and reintegration to employment.
The application was discussed at the First Class of the TST under reported by Minister Renato Paiva de Lacerda, who said that by firing the maid in those conditions, the company did not observe the principle of reasonableness. This is because the "interpretation of collective rule provides that the right of the employee to pre-stability - as well as the interpretation of labor laws that guarantee the right potestative employer - can not dissociate itself from the reality in which they live, or the component of reasonableness with which they must be applied. " It concluded that the company "has incurred abuse of rights, to the detriment of her maid."
The rapporteur also said the company also failed to comply with the principle of continuity, since the working relationship developed over a long time because there were only 28 months and 11 days to complete the service time for the bank to retire.
Pursuant to Article 129 of the Civil Code, the rapporteur said that the dismissal of the employee was designed to "frustrate the due performance of the condition laid down in collective norm for stability exercise pre-retirement." And recognizing the right to provisional stability, converted it into compensation and determined the "payment of wages with appropriate adjustments and all parcels that comprised, 13 s, vacation plus a third constitutional, meal allowance and FGTS deposits."
The rapporteur's vote was unanimously followed.
Case: RR-133300-84.2007.5.01.0511
(Mário Correia / RA)
CLASS
The TST has eight judging classes, each consisting of three ministers, with the allocation of resources to analyze magazine, aggravations, bills of review, grievances and resources regimental ordinary injunction. Classes of decisions of the part can still, in some cases, resort to Subsection I Specializing in Individual bargaining (SBDI-1).

Source: TST