The Seventh Chamber of the Superior Labor Court (TST), at its meeting on Wednesday (6), maintained decision that determined the payment of the base salary of bank for two interns who performed their activities in the Bank of the State of Rio Grande do Sul S / A (Banrisul). Contrary collective norms, the bank paid only a fixed value in contract as grant, why did not feature known by the Gang.
At home, the trainees said they Banrisul disrespected collective agreement which fixed the minimum wage as the value of the bank due to interns hired without employment and classified as "office staff", which was the case. The bank defended itself, arguing that such collective norms did not apply to apprentices, as not part of the banking category.
The ruling gave reason to trainees and ordered the bank to pay the difference of grant, subject to the amounts received and the minimum due, as provided in the rules of the collective bargaining agreement.
The Regional Labor Court of the 4th Region (RS) upheld the conviction because it concluded that it could not be away a right guaranteed in collective bargaining agreements, which "expressly to ensure trainees, without employment, the minimum wages set forth therein."
As the magazine feature has not been admitted by the Regional Banrisul filed an interlocutory appeal in TST, saying only that the trainees were entitled to the stipend already paid, because they were not its employees and the activities were not framed in the concept of " office staff. " He pointed violation of Article 7, Paragraph V of the Federal Constitution, which provides that minimum wage should be proportional to the extent and complexity of the work.
The rapporteur of the case, Minister Peter Paul Manus (photo), gave no reason to the bank and upheld the conviction. For him, it was evident the breach of the charges contained in the agreements governing the institution. Thus, "to be held the applicability of collective agreements in the case of banking, by strict observance of Article 7, Paragraph XXVI of the Federal Constitution," which requires the recognition of conventions and collective bargaining agreements as a workers' rights.
The minister also explained that the magazine feature could only be known in the cases of annoyance the scoresheet uniform jurisprudence of the TST, or violation literal and direct the FC, which was not demonstrated by Banrisul. "The claim affront to Articles 5, 7 th and II, V, the CF is dependent on the standard infra offense given that violation or reflex oblique constitutional text does not yield knowledge of opportunity to appeal on," he concluded.
The decision was unanimous.
(Letícia Tunholi / MB)