02/05/2013
Employer must pay the FGTS period of sick leave of occupational origin Autor: TRT 3ª Região - Minas Gerais
The employee's period of absence due to accidents at work or occupational diseases treated it is considered as service for the purpose of gathering deposits from the Guarantee Fund for Length of Service (FGTS). So have the articles 15, paragraph 5, of Law No. 8.036/90 and 28, section III of Decree No. 99.684/90, which regulated the law.
Why have not observed this rule, a company of pottery was ordered to gather in the escrow account of an employee, the FGTS the period in which she was dismissed for illness until recovery working capacity. As noted by Judge Sergio Resende Alexandre Nunes, head of the Labor Court of Sponsorship, the medical examiner found that the employee has an illness that diminished his ability to manual work requiring overhead use of the upper limbs. In claimed, she worked in the manufacturing of tiles, being exposed to unfavorable ergonomic conditions. According to the expert, the plaintiff was unable to activities that developed before. He found that the disease was aggravated by work in ceramics.
"The ailment of the complainant is occupational in nature, because the provision of the service claimed was an important factor for the onset or worsening of the disease," the magistrate concluded, equating the disease to occupational accidents. In this context, applying the legislation dealing with the matter, decided to order the ceramic company to collect the FGTS period away, understanding that was confirmed by the Court of Mines.
