The Superior Labor Court (TST), by means of its Jurisprudential Orientation No. 342, II of SBDI-1, granted validity to the agreement clause or collective agreement which allows the fractionation of the period for rest and meal of drivers and collectors of buses in small breaks along the itineration.
Besides being subjected to special conditions of work, the judges took into consideration some conditions. The first is the reduction of the working hours of these workers, from seven hours per day or 42 per week. The second relates to the prohibition of extension of working hours. Finally, the remuneration shall be the same without reduction.
If these rules are not observed the clause will be deemed invalid and the employment contract will be governed by the standard rules of hours of work, in accordance with article 71 and paragraphs of the Consolidated Labor Laws (CLT). And, in the event of noncompliance, the employer shall pay the corresponding period to the worker with the addition of 50%.
In the case analyzed by Judge Felipe Clímaco Heineck of the 10th Labor Court of Belo Horizonte, the judge noted that the bus collector performed working hours of more than six hours without a rest period of one hour. The company itself admitted that the period for rest and meal was fractionated, as provided in the rules resulting from the collective bargaining.
However, the judge understood that it is not applicable to the employee the content of the current case law because he usually worked overtime, and sentenced the company to the payment of one hour per worked day plus the conventional or legal additional and effects thereof.
Case No. RO 0001123-14.2011.5.03.0010
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.