TRT-1 denies suspension of agreement for loss of revenue by Covid-19

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The Covid-19 epidemic does not justify the suspension of a labor credit agreement established more than 10 years ago. With this understanding, the Specialized Section on Individual Disputes of the Regional Labor Court of the 1st Region (RJ), unanimously denied a writ of mandamus from the bus company Auto Viação Vera Cruz.

Company claimed that its activities were impacted by Covid-19
Charles de Moura/PMSJC

The company claimed that, due to the Covid-19 epidemic, its revenue was compromised, since the State Department of Road Transport of the State of Rio de Janeiro restricted the provision of passenger transport services. The section followed the rapporteur’s understanding, Judge Raquel de Oliveira Maciel. According to her, the pandemic does not confer rights on the employer to suspend a judicial agreement signed with a former employee.

The court settlement was in the total amount of R $ 42 thousand, in 12 monthly installments of R $ 3.5 thousand, paid as of January 2010. The bus company claimed that the portion scheduled for April would no longer have how to be paid, due to the drop in revenue. Thus, it intended to override the payment of future installments of the agreement for 30 days after the situation was reestablished.

The 5th Labor Court of Nova Iguaçu denied the request. Citing the sole paragraph of article 831 of the CLT, the judge stated that, in the case of conciliation, the term is valid as an unappealable decision. Even though the procedural deadlines are suspended, the adjusted dates for payment of the agreement installments remain the same, pointed out the judge.

The decision prompted the company to file an injunction. The rapporteur of the case, Judge Raquel Maciel, said that the social and economic crisis resulting from the Covid-19 epidemic affects everyone, especially for those who have only their workforce.

“Business activity involves risks that must be borne exclusively by the entrepreneur, in the form of article 2 of the CLT. It cannot be admitted that the immediate declaration of the state of calamity, in which the effort of the whole society is required, shows – he was unable to pay a former employee on account of a credit established almost ten years ago, an attitude that may leave him with a complete lack of resources for his own subsistence “, pointed out the judge. With information from the TRT-1 Press Office.

Process 0101532-67.2020.5.01.0000



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