The company Veronesi Hotéis Ltda. must pay indemnification for the period of stability to a former employee injured during probation contract. The company argued the incompatibility of the probation contract with the temporary stability. But the joint committee upheld decision of the Eighth Panel of the Superior Labor Court (TST), which had dismissed the company's appeal.
In 2006 the worker lost part of his right leg when he got involved in a traffic accident after leaving work. A few weeks later he tried to return to work but the company, according to him, refused to reinstate him since it had no duties compatible with his new condition. For the company, the former employee would only be entitled to the work allowance.
According to article 118 of Law No. 8.213/91 (Law of Social Security benefits), when the insured suffers work accident is entitled to the maintenance of the employment contract for a minimum period of 12 months. However, for the company, the temporary stability is not compatible with the probation contract.
However, the reporting judge Minister Horácio Raimundo de Senna Pires noted that it is not possible to restrict the temporary stability resulted from work accident since the law makes no distinction between employment contract for definite or indefinite term. The reporting judge also highlighted the recent decision of the Federal Supreme Court (STF) which extended the social rights of article 7 of the Federal Constitution to the contract for definite term.
Case No. E-RR-398200-65.2008.5.09.0663
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