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For the employment relationship between a company and a worker to be recognized, there must be legal subordination, and not just mere structural subordination. This understanding was adopted by the th Panel of the Superior Labor Court to rule out the recognition of the employment relationship between a real estate agent and two companies, one from Rio de Janeiro and the other from Vitória. reproduction The realtor failed to recognize the employment relationship Reproduction According to the collegiate, the fact that companies establish guidelines for workers and measure results does not imply the existence of legal subordination. From to , the real estate broker provided services to Brasil Brokers Participações SA, from Rio, which assumed controlling interest in Sardenberg Consultoria Imobiliária Ltda., from Vitória. He reported in the labor complaint that he was always the exclusive professional of the group and that he could only make sales permitted by the company through the partnership contract with the construction companies and properties registered by Brokers. The first degree court and the Regional Labor Court of the th Region (ES) recognized the link.
According to the Espírito Santo court, it was Greece Phone Number demonstrated that there was structural subordination, as the broker was under the direct orders of a manager, to whom he had to report when he needed to be absent from sales duty. The TRT also considered personality to be present, even with the possibility of the broker being replaced by another. In the review appeal to the TST, the companies maintained that the professional provided services as an independent contractor and could use his time and enter into partnerships, without any exclusivity. They added that at no time was he directly or indirectly subordinate to anyone in the company and that there was no interference or supervision. The rapporteur of the appeal, minister Caputo Bastos, noted that the elements characterizing the employment relationship are those provided for in article of the CLT. "
Thus, the employment relationship will be present when the non-eventuality of the services provided, the personality of the hired worker, legal subordination and onerousness are proven. If one of these requirements is absent, there is no employment relationship, but rather a work relationship" , he explained. According to the rapporteur, the fact that real estate agencies establish guidelines and demand results does not characterize legal subordination. "Every worker submits, in some way, to the business dynamics of those who hire their services, as the company is the final beneficiary of the services provided. Therefore, it can perfectly supervise and determine how activities are carried out." The minister highlighted that, for the configuration of legal subordination, the presence of all the elements that make up the employer's hierarchical power is necessary: the directive, supervisory, regulatory and disciplinary powers. "Without the concrete convergence of all these elements, there is no legal subordination and, therefore, no employment relationship." The decision was unanimous. With information from the TST press office.
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發表於 2024-3-12 18:16:02