A friend of the deceased elderly woman wanted to be recognized as a carer and was condemned by the courts
The decision of the 2nd Region Labor Court rejected the claim of employment relationship between two women in an appeal alleging that they worked as carers.
According to the family, the 75-year-old author, although often accompanying the deceased, who died at the age of 88, was only a dear friend invited to live with the alleged employer, since previously she lived in a house with a room in a pension.
In the documents, the complainant claimed to have bathed, prepared meals, helped use the toilets and accompanied the woman on her continuous trips and hospital stays. To try to prove the connection, you attached evidence of bank deposits without identifying the depositor.
The family denies the accusations
In defense, the elderly woman’s family denied the allegations and argued that she only needed special care in the last three months of her life, however, to do so, she had nurses 24 hours a day.
According to the judge of the 28th Labor Court of São Paulo, Ana Cristina Magalhães Fontes Guedes, the photographs that the defense attached to the case demonstrate that a friendship relationship existed, a fact that ended up being recognized by the author as testimony.
“The intimacy between them is evident and rare in the context of the employment relationship,” the judge underlined.
Furthermore, the friend of the deceased did not show any receipt for the salary presumably received and only presented three payment slips, on different days and with values different from the hypothetical salary. Furthermore, there was no indication that these deposits came from the deceased’s accounts.
Fraud of the law
Finally, the complainant received, during the period of the alleged employment contract, the benefit of the Organic Law on Social Assistance, which guarantees a minimum monthly wage to elderly or disabled people who demonstrate that they do not have the means to provide for themselves . . According to the judge, if the receipt of these salaries were recognized, the fraud of the law that established the benefit should also be recognized.
With the decision, the author was sentenced to pay a fine equal to 2% of the value of the case for having litigated in bad faith. The same sum must also be paid to the defendants, as compensation.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
