05/06/2013
Supermarket chain which stopped hiring candidate selected is already condemned for moral damages. Autor: TRT - 3ª Região / Minas Gerais
A worker after providing his personal papers, pass exams and admission to open a salary account, sought the Labour Court to order the payment of compensation for moral damage after a supermarket chain failed to formalize their hiring.
The defendant company argued, first, that the Labour Court would not have jurisdiction over such action, which was dismissed by the Judge of the 4th Court of Uberlândia, which highlighted that applies in the case in art. 114 of the Constitution, no matter that the plaintiff has not commenced the provision of service. Because, as explained by the judge, all negotiations led to believe that the agreement would be formalized and that such a discussion takes place of employment, "even in its birthplace."
What happened was that after all the procedures of hiring an employee, the defendant sent the documents to the head office in São Paulo for analysis and execution of the contract. However, after that never came into contact with the complainant.
Understood, well, Judge Marcelo Morais Segato, there was embarrassment and damage, generating a right to compensation.
Also highlighted the sentenciante that only after the filing of the suit was made a contact to hiring. The documents, however, were not returned at the hearing in the Labour Court.
The situation imposes the duty to indemnify, in accordance with Articles 186 and 927 of the Civil Code. "The frustration of the complainant, as the recruitment and retention of improper CTPS certainly caused embarrassment and damage to the plaintiff, being granted the request for compensation," said the ruling. There was an appeal by the company claimed, but the decision was upheld by the TRT of Mines.
