Company is condemned for charging health insurance in one go

The 1st Panel of the Regional Labor Court of the 18th Region (TRT-18), in Goiás, determined the reversal of amounts related to the co-participation of the health plan charged at once by a metallurgical company that was more than two years without making the said deductions from the salary of employees.

Change in individual employment contract requires mutual consent, said rapporteur

reproduction


According to the lawsuit, until 2017 the company made, on a regular basis, discounts related to the co-participation of the health plan of an employee who was away from the company for a few years, providing services to the union of the category. However, between April 2017 and August 2019, the debt was canceled unilaterally and without prior notice.

Documents attached to the case file show that the charge was reinstated in September 2019, also without notice. And more: the value of the suspended installments was debited at once when the worker’s contract was terminated.

In its defense, the metallurgist said it had changed the rules for co-participation for employees who were on leave, but claimed that the discounts corresponding to the period would be postponed until the worker’s return.

Rapporteur of the case, judge Eugênio José Rosa pointed out, however, that, in individual employment contracts, it is only lawful to change the respective conditions if there is mutual consent, and even so, as long as they do not result, directly or indirectly, in damages to the employee. , under penalty of nullity of the infringing clause of this guarantee.

In addition, the rapporteur noted that the company, in addition to not proving in the case file that it made such a change in the co-participation rules, also did not demonstrate that it had previously communicated to its employees – information that was confirmed by a witness heard in the case file.

Based on these conclusions, the collegiate decided to reform the sentence that rejected the chargebacks, condemning the company to refund the amounts unduly debited from the worker. With information from the TRT-18 advisory.

0010613-19.2021.5.18.0131

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