The 7th Panel of the Regional Labor Court of the 3rd Region (TRT-MG) ruled in favor of the employee who requested indemnification for having always worked wearing shirts with advertisement from major brands of electronics products without receiving anything for the publicity.
The TRT-MG understood that the use of uniform by the employee containing brands of other companies, without previous consent or payment characterizes violation of the employee´s image and entails the indemnification for moral damages.
The lower court judge dismissed the suit under the reasons that the employee was also benefited from the use of the shirts with advertisement, since it increased the sales and therefore, he received more commissions.
However, the superior court judge Marcelo Lamego Pertence did not agree with the lower court judge. For him, there is no doubt of the occurrence of the improper exploitation and without consent of the employee's image.
The company was sentenced to pay the claimant R$ 10,000.00 (tem thousand reais) as indemnification for moral damages.
Case No. 0002119-12.2011.5.03.0010
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