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A trial contract signed by a company with a worker previously dismissed by it distorts this type of hiring and can be considered fraudulent. With this understanding, the rd Panel of the Superior Labor Court annulled the experience link between an orange picker and an agribusiness in Batatais (SP). reproduction The orange picker was hired twice by the same company Reproduction The worker reported that he had two employment contracts with Louis Dreyfus Company Sucos SA: the first, from July , , until his dismissal without just cause, on March , ; and the second, considered a trial contract, from June rd to July nd, , when there was also termination without just cause. He requested the nullity of the probationary contract and the payment of the respective severance pay. In the opinion of the Batatais Labor Court, the second contract would only be null and void and for an indefinite period if the first employment relationship had been a trial one, which it was not. The conclusion was based on article of the CLT, which considers any contract that follows, within six months, to another for a specific period to be for an indefinite period.
The sentence was upheld by the Regional Greece Phone Number Labor Court of the th Region (interior of São Paulo). According to the regional court, nothing prevents the company from hiring an employee for days, as a trial period, even if they have previously provided services. "If there is no interest in continuing the employment relationship, termination is lawful", says the sentence. However, the rapporteur of the worker's review appeal, minister Agra Belmonte, explained that the experience contract is a fixed-term modality whose purpose is to allow the employer to ascertain the employee's aptitude to perform the function for which they are being hired, and, for the employee, to assess their adaptation to the employer's hierarchical structure and working conditions. "In this case, it was clear that the employee was hired on a trial basis to perform the same functions he previously performed," he explained. "Now, this type of hiring is not justified when the worker has already been part of the company's structure.
For the minister, there is no doubt that the purpose of the contracting method was to defraud labor legislation, the purpose of which is to encourage the continuity of labor relations through contracts for an indefinite period. The court of the th Chamber of the Regional Labor Court of the th Region decided to apply the theory of objective civil liability provided for in article of the Civil Code to condemn a bus company to compensate R$ thousand to a driver who, due to a physical fight with a robber during the workday, he suffered permanent paralysis in one of his hands. The court of first instance dismissed the action, but when analyzing the appeal, the TRT- judges pointed out the responsibility of the employing company due to the inherent risk of the activity carried out by the worker. For the rapporteur, judge Ana Paula Alvarenga Martins, despite public security being the responsibility of the State, this does not remove the employer's responsibility to adopt preventive measures to curb criminal practices. The judge points out that the defendant company does not prove that it has adopted preventive measures to avoid or minimize risks to its employees.
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