Post by account_disabled on Mar 10, 2024 5:14:52 GMT -5
By majority, the Plenary of the Federal Supreme Court dismissed, this Wednesday (/), the Extraordinary Appeal of Fiat Automóveis against the decision that forced it to pay an additional % of wages for dismissal without just cause, due to the rule transition issued when there was the last currency change, in , as a way of compensating for losses from inflation. The conviction had been confirmed by the Superior Labor Court, which also upheld the decision of the Regional Labor Court of the rd Region.
The labor courts considered article of Law ,/ to be constitutional, which established the Economic Stabilization Program and the National Monetary System, as well as creating the Real Value Unit (URV), precursor of the Real. They also judged Provisional Measure /, consolidated by this law, to be constitutional.
In the appeal, the automaker rightly claimed that the law Austria Phone Numbers List violates constitutional provisions that require a complementary law to establish compensation for dismissal without just cause other than the % provided for in Law ,/ and in article of the Transitional Constitutional Provisions Act.
The trial began in March , when the then president of the STF, minister Nelson Jobim (retired) requested a review, after the rapporteur, minister Marco Aurélio, had granted the appeal.
This Wednesday, Minister Cármen Lúcia, Minister Nelson Jobim's successor at the Court, resumed the trial and dismissed the request. She endorsed the understanding according to which article of Law , aimed to maintain the level of employment in the transition phase from the URV monetary standard to the Real.
According to the minister, it was an emergency legislative measure designed to prevent the economic order from becoming out of control, after several heterodox attempts to contain inflation had failed. Thus, there would be no alleged legal defect.
When following the divergence, minister Ricardo Lewandowski said that it was a transitional rule that aimed to protect employment. Thus, article of Law , established, in its opinion, an update of the value provided for in article , item of the ADCT which, when establishing a provisional rule for compensation in the case of dismissal without just cause, stipulated a fine of % on the balance in the employee's Service Time Guarantee Fund account. Ministers Dias Toffoli, Gilmar Mendes, Ellen Gracie, Celso de Mello and Cezar Peluso also followed the divergence. With information from the STF Press Office.
The labor courts considered article of Law ,/ to be constitutional, which established the Economic Stabilization Program and the National Monetary System, as well as creating the Real Value Unit (URV), precursor of the Real. They also judged Provisional Measure /, consolidated by this law, to be constitutional.
In the appeal, the automaker rightly claimed that the law Austria Phone Numbers List violates constitutional provisions that require a complementary law to establish compensation for dismissal without just cause other than the % provided for in Law ,/ and in article of the Transitional Constitutional Provisions Act.
The trial began in March , when the then president of the STF, minister Nelson Jobim (retired) requested a review, after the rapporteur, minister Marco Aurélio, had granted the appeal.
This Wednesday, Minister Cármen Lúcia, Minister Nelson Jobim's successor at the Court, resumed the trial and dismissed the request. She endorsed the understanding according to which article of Law , aimed to maintain the level of employment in the transition phase from the URV monetary standard to the Real.
According to the minister, it was an emergency legislative measure designed to prevent the economic order from becoming out of control, after several heterodox attempts to contain inflation had failed. Thus, there would be no alleged legal defect.
When following the divergence, minister Ricardo Lewandowski said that it was a transitional rule that aimed to protect employment. Thus, article of Law , established, in its opinion, an update of the value provided for in article , item of the ADCT which, when establishing a provisional rule for compensation in the case of dismissal without just cause, stipulated a fine of % on the balance in the employee's Service Time Guarantee Fund account. Ministers Dias Toffoli, Gilmar Mendes, Ellen Gracie, Celso de Mello and Cezar Peluso also followed the divergence. With information from the STF Press Office.