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The stability guaranteed to members of the Internal Accident Prevention Committee (CIPA) is not a personal advantage for the employee, but a guarantee for the free exercise of activities inherent to the committee. With this understanding, the th Panel of the Superior Labor Court maintained a decision that removed the right to stability of an outsourced employee elected member of Cipa after the end of the service provision contract (between the borrowing and providing companies) and, consequently, of the employment contract. Norasit Kaewsai/RF Cipeira hired by an outsourced company loses the right to stability if the service provision contract between the borrower and provider ends Norasit Kaewsai/RF For the majority of the board, the breach of the outsourcing contract makes it impossible for the commission member to carry out supervisory activities and, therefore, the conditions for maintaining the provisional guarantee of employment no longer exist. The worker was hired by a company in São Paulo to provide services, as a cleaning assistant, to the Fundação para o Remédio Popular (Furp) in Américo Brasiliense (SP).
In May , she was elected as an alternate Greece Phone Number member of Cipa, but in April , she was dismissed. In the labor complaint, she claimed to have the right to provisional stability from the moment she registered her candidacy until one year after the end of her mandate. In its defense, the company that had hired her maintained that, with the end of the service provision contract to Furp, the employee's representation, as a cipeiro, would have lost its purpose. The lower court granted stability, but the Regional Labor Court of the th Region accepted the company's appeal and dismissed the conviction. According to TRT-, stability is not a very personal right linked to the worker's personal condition, but to the activity in a given establishment. Thus, in the case of a company that provides outsourced cleaning and conservation services, Cipa only has its reason in establishing the provider of the services. "So much so that the employee's training was carried out through a course given within the scope of the borrower", she observed. In the judgment of the auxiliary's review appeal, the vote of Minister Renato de Lacerda Paiva prevailed. He highlighted that Cipa's actions are intrinsically linked to the employer's operations.
"Thus, with the end of the provision of services to the borrowing company, the establishment for which Cipa was created, there is no need to talk about the arbitrariness of the dismissal of an employee member of the commission, which is why the guarantee of employment ceases", he concluded . The rapporteur, minister Cláudio Brandão, was defeated. In his understanding, the company that hired the worker continued providing services to other companies, which gives the cleaning assistant the right to remain in her job, due to stability. With information from the press office of the Superior Labor Court.The machine learns from the data fed into it, often being "so intelligent" that it identifies and even goes beyond what man intends to teach; thus, she could, even alone, reach unexpected conclusions, or increase errors and failures, differentiating workers or being a boss so effective that she punishes her own workers, bringing negative effects and illicit practices such as moral harassment, if used for evaluation productivity or discriminatory practices, if used in selection processes.
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发表于 2024-3-12 13:15:59