Mall will give benefits to employees while building daycare
Feb 28, 2024 7:27:35 GMT
Post by xyz3800 on Feb 28, 2024 7:27:35 GMT
The judge may determine all inductive, coercive, mandatory or subrogatory measures necessary to ensure compliance with the court order, including in actions that have as their object the pecuniary benefit, as authorized by article 139, item IV, of the Code of Civil Procedure . Supported by this CPC provision, the 13th Labor Court of Porto Alegre condemned Shopping Total to comply with a series of onerous measures while it does not definitively install cafeterias, daycare centers and bathrooms for the exclusive use of company employees. The owners of the complex were also ordered to pay R$400,000 in favor of the employees, as compensation for collective moral damage. The Public Civil Action was filed by the Trade Employees Union of Porto Alegre. Disregarded obligations The employer's obligation to provide daycare arises from article 389, paragraphs 1 and 2, of the Consolidation of Labor Laws (CLT); and article 137, paragraph 3, of the Porto Alegre Building Code Complementary Law 284.
The installation of cafeterias, bathrooms and changing rooms is provided for in Regulatory Standard 24 (NR-24) of the Ministry of Labor. According to the sentence handed down by labor judge Guilherme da Rocha Zambrano, each of the 241 workers at the mall will be entitled to food vouchers worth up to R$50 per day; one ticket per week in cinemas located there; and a daycare voucher worth R$1,500 per month. Finally, as a specific protection against the obligation to compensate (moral damage), the defendant must provide, for each worker, a shopping Exit Mobile Number List voucher worth R$1,000, to be used in local stores. Legal stimulus Heard by Conjur , Zambrano said that, based on this provision, the judge not only can but must adopt the inductive measures necessary to comply with the court order. "In this case, the inductive measures are onerous precisely to encourage the fastest possible fulfillment of the obligations to do (providing daycare centers, bathrooms and cafeterias). If the obligations to do are fulfilled even before the decision becomes final, no inductive measure even will come to fruition," he explained.
In conclusion, Cavalli Júnior said that the case allows an analogy with the so-called '' over-the-counter software '', which already has a consolidated understanding in the TJ-RS in the sense of the non-incidence of taxation on the service involved. To this end, he cited the summary of Judgment 70009900135: ''Uniform computing programs, made on a scale ('counter software') and offered for resale, constitute freely commercialized goods, subject to ICMS; To the ISS, programs designed especially for a specific user are reserved, which express a clear provision of service''. In addition to the grounds of the sentence, the rapporteur of the appeal at TJ-RS, judge Marilene Bonzanini, highlighted that in the sale of ''digital certification solutions'' there is no ''customization of software' ' , on request and ordered in a specific and individual by the consumer. On the contrary, everyone looking for a digital certificate will obtain the same product, developed with the same technology and delivering the same functionalities.
The installation of cafeterias, bathrooms and changing rooms is provided for in Regulatory Standard 24 (NR-24) of the Ministry of Labor. According to the sentence handed down by labor judge Guilherme da Rocha Zambrano, each of the 241 workers at the mall will be entitled to food vouchers worth up to R$50 per day; one ticket per week in cinemas located there; and a daycare voucher worth R$1,500 per month. Finally, as a specific protection against the obligation to compensate (moral damage), the defendant must provide, for each worker, a shopping Exit Mobile Number List voucher worth R$1,000, to be used in local stores. Legal stimulus Heard by Conjur , Zambrano said that, based on this provision, the judge not only can but must adopt the inductive measures necessary to comply with the court order. "In this case, the inductive measures are onerous precisely to encourage the fastest possible fulfillment of the obligations to do (providing daycare centers, bathrooms and cafeterias). If the obligations to do are fulfilled even before the decision becomes final, no inductive measure even will come to fruition," he explained.
In conclusion, Cavalli Júnior said that the case allows an analogy with the so-called '' over-the-counter software '', which already has a consolidated understanding in the TJ-RS in the sense of the non-incidence of taxation on the service involved. To this end, he cited the summary of Judgment 70009900135: ''Uniform computing programs, made on a scale ('counter software') and offered for resale, constitute freely commercialized goods, subject to ICMS; To the ISS, programs designed especially for a specific user are reserved, which express a clear provision of service''. In addition to the grounds of the sentence, the rapporteur of the appeal at TJ-RS, judge Marilene Bonzanini, highlighted that in the sale of ''digital certification solutions'' there is no ''customization of software' ' , on request and ordered in a specific and individual by the consumer. On the contrary, everyone looking for a digital certificate will obtain the same product, developed with the same technology and delivering the same functionalities.