05/06/2013
TST determines salary of unblocking socio held to pay off debt labor Autor: TST
In a recent decision, the Superior Labor Court ordered the suspension of the blockade of wages from a server of the National Supply Company - CONAB, which had been upheld by the 2nd Labor Court of Campina Grande, to ensure payment of labor amounts to an ex -employee of a shoe company, of which he was a partner server.
Indeed, the Brazilian legislation prohibits the garnishment of wages and absolute income, but Article 649, § 2, of the Code of Civil Procedure, and makes an exception when it comes to authorizing payment of food provision. For this reason, the subject of garnishment account deposits from wages and pensions is recurrent in the Brazilian Labor Courts, with numerous decisions of first and second grade that determine the lock on percentage of salary and retirement.
In this particular case, the employee had the right to recognition of several installments not paid by the employer. After many attempts to realize these labor credits, in May 2011, the judge ruled the lock server wage, the percentage of 25%, this order was left held by the Court of the 13th Region.
However, the run brought the discussion to the TST and to the Minister Emmanoel Pereira, rapporteur of the case, the understanding was to the effect that blocking compensation company partner performed is illegal, even if limited to a certain percentage of amounts received monthly .
According to the Minister, the jurisprudence of the TST has been signed in order to be considered illegal and arbitrary order of garnishment on wages, salaries and retirement pensions due to the nature of such food plots, "essential to the livelihoods of those who receive them and their family. "
