Former employee who filed a labor lawsuit and had his claims denied ended up being sentenced to 10% attorney’s fees on the value of the case, in addition to costs totaling nearly R$43,000. The decision is made by Labor judge Bruno de Carvalho Motejunas, from the Labor Court of Bacabal/MA.
Worker loses action and ends up convicted in costs and fees.(Image: Oladimeji Ajegbile/Pexels)
The plaintiff filed a lawsuit against BV Financeira, alleging, in short, that he was a relationship manager, reporting to Banco Votorantim, and that he performed typical banking functions; that since the beginning of the contract, he received commissions lower than the agreed; who worked overtime; performed functions other than those provided for in the contract; and who is entitled to additional payments.
The judge, in turn, dismissed the claim related to the plaintiff’s classification in the category of bank employees, noting that the worker’s rights stem from collective norms signed by union entities that do not represent BV, which is not a bank, but a financial institution, are not owed. He also considered that the worker did not prove the issue of under-recommissioning; and that the worker worked in external activities, which are not subject to working hours control, having been denied the request to receive overtime.
In the end, considering the inadmissibility of the requests, the plaintiff ended up being convicted of legal fees in the amount of 10% of the value of the case, in addition to costs calculated at R$ 42,907.90.
The enforceability of fees is suspended due to the benefit of free justice, as well as costs are waived.
Read the decision.