Unemployment insurance is a benefit granted to the worker unemployed for variable maximum period of three to five months, continuously or alternately to each vesting period, as forecast of Law No. 8.900/94. If an employee has ties with two different employers, the exemption does not give them a right to payment of the benefit. It was with this understanding that the Seventh Chamber of the Superior Labor Court (TST) upheld the appeal of the Hospital Nossa Senhora do Ó Paulista Ltda. to absolve her condemnation of the indemnity payment of unemployment insurance.
After dismissal for just cause, an employee of the hospital filed a labor action in order to receive severance pay and unemployment insurance. The sentence remained the cause alleged by the company and rejected the claim of the worker.
Bitter, she appealed ordinary Regional Labor Court in the 6th Region (PE), which dismissed the dismissal for just cause and ordered the hospital to pay installments arising from termination without cause, including unemployment insurance compensation. The decision, however, was reversed by the TRT embargoes declaratory judgment in which the company claimed to be spontaneous statement that the worker had two employments. Thus, the Regional concluded the impossibility of receiving unemployment insurance, but decided that the decision erroneously granted the benefit could only be reformed in TST.
The rapporteur's resource hospital on Seventh Gang, minister Ives Gandra Martins Filho, gave him reason and excluded from condemnation compensation unemployment insurance. He explained that the purpose of the benefit is "to provide temporary financial assistance to workers unemployed due to dismissal without cause, including indirect, assisting in finding employment."
In this case, the worker had recognized that employment with another hospital when his resignation, "should be deleted from the condemnation of the indemnity portions relating to unemployment insurance, for such benefit is due exclusively to the unemployed," the judge concluded. The decision was unanimous.
(Letícia Tunholi / CF)