27/05/2013
Day extended after 5am generates entitled to additional nightly Autor: TRT - 3ª Região / Minas Gerais
If the work started in the evening, extending until after 5am, it will generate the right to receive an additional night on the total hours worked, regardless of whether this extension to refer or not to provide hours extras. This was the view expressed by the 3rd Class of TRT Mine, in interpreting the guidance of Precedent 60, item II, the TST, in which "fully complied with the journey at night and extended this because it is also the additional concerning hours extended . "
According to the rapporteur explained the appeal, Judge Thaddeus called Oswaldo Barbosa Guedes, to use the term "extended" Precedent refers not only to the provision of overtime, but the extension usually work night, extending the journey to daytime: "The purpose of said rule is to offset the physical and mental health of the employee, in addition to working full cool at night, even extending the journey during the day, after 0500, laboring uninterruptedly, hypothesis which is due on the additional evening hours laboradas extension in the cool night journey, from 05:00 h. "
With this foundation, the rapporteur rejected the argument of the defendant company, that would be unfair on the night shift hours worked in these extend to the evening, as they were part of the normal workday the claimant. The judge applies analogously to the case of OJ 388 SDI-1 TST, which provides as follows:
Journey 12X36. MIXED DAY UNDERSTAND THAT THE ENTIRE NIGHT PERIOD. ADDITIONAL NIGHT. DUE. (DEJT released in 09, 10 and 11.06.2010) The employee submitted to the journey of 12 hours of work by 36 of rest, which comprises the entire night period, is entitled to additional nightly concerning hours worked after five hours of morning.
Calculating, by the timecards that the complainant on several occasions during the period worked in shifts uninterrupted journey has fully complied with nighttime and even extended this by daytime, the rapporteur considered correct sentencing of defendant to pay additional nightly on hours worked from 5am.
