Record will still pay FGTS and other royalties for the period in which it acted irregularly as PJ
THE Record TV will have to pay compensation of R$400,000 for moral damages and discriminatory dismissal of the journalist and presenter Arnaldo Duran. The information was confirmed by Earth this Monday the 7th at the 89th Labor Court in São Paulo.
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According to the Court’s decision, the professional has the Machado-Joseph syndromea disease that affects the neurological system and causes motor incoordination and stiffness of the body. Due to the protests, the This condition can often be confused with drunkenness or Parkinson’s disease.
On the contrary, the Superior Labor Court establishes that the dismissal of an employee suffering from neurological pathologies can be classified as discriminatory, with consequent right to reinstatement in the workplace. By law, exemption must be accepted only “after complete proof that it is not related to the disease”.
For the judge in charge of the case, the argument of Documentation that the dismissal occurred “solely and exclusively for economic reasons” does nothing but strengthen the thesis of “abuse of the right to unlawful conduct”.
The amount of compensation, according to the judge, was defined by considering the art harm caused to the presenterin its socioeconomic losses, and the punitive and pedagogical nature for the broadcaster, which in addition to taking a discriminatory position would have omitted the real reason for the dismissal.
THE Earth had access to the trial and confirmed that, in addition to the compensation of R$ 400 thousand, the Record TV will have to pay labor rights Arnaldo Duran for the period 2006 to 2018, during which time he worked as a self-employed PJ, but met all the requirements of a CLT worker. The Court found that Record’s contract was fraudulent and ordered the company to pay FGTS and other royalties for the period, plus an additional payment for the time it had not rectified the situation.
With this court decision Arnaldo Duran He will return to the Record TV staff and, out of duty, will be reinstated in the television staff where he worked before his dismissal. The trial is still subject to appeal.
THE Earth tries to locate the broadcaster’s team to comment on the case, but has been unsuccessful until publication. The space remains open for future placements.
Source: Terra
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