In recent months, several Commercial Registries in Brazil have begun requiring the publication of acts related to mergers, spin-offs, and incorporations of companies, as established in the Civil Code (Articles 1,122 and 1,152, §1) and the Corporate Law (Articles 227, §3, 228, §3, and 229, §4). Although these obligations were already stipulated by law, many […]
CPDMA BLOG
Category: News
Date: April 23, 2019
Posted by: CPDMA Team
Accompanying tractor supply does not entitle to hazard pay
A tractor operator who remains in the vehicle during fueling is not entitled to the hazard pay, as it is not a dangerous activity. This is how the 2nd Panel of the Superior Labor Court decided by excluding the obligation of an energy company to pay this installment.
The employee said that he worked in rural São Paulo, where he performed activities such as subsoiling, harrowing, furrowing, straw windrowing, contour marking, loading the cane for planting and milling.
Based on the expert's report, the Regional Labor Court of the 15th Region (Campinas-SP) upheld the sentence that sentenced the defendant company to pay the risk premium due to the employee's stay in the vehicle during fueling, considering that he was exposed to a risk situation.
In the review appeal, the company argued that employee exposure to heightened risk was incidental, not intermittent. The thesis was accepted by the rapporteur who analyzed the request, Minister Maria Helena Mallmann. She pointed out that the court understands that only monitoring the supply of the vehicle does not generate the right to the additional risk.
The minister, followed unanimously by the members of the collegiate, explained that Table 3 of Annex 2 of Regulatory Norm 16 of the extinct Ministry of Labour, when establishing the dangerous activities carried out in the operation at pump stations for supplying flammable liquids, did not contemplate the employee who accompanies the refueling of the vehicle by a third party, as in this case.
Source: Conjur.
Recent posts
RS authorized to implement ICMS settlement and installment payment with reduction of interest and fines
The National Council of Fiscal Policy - CONFAZ, aiming to facilitate the regularization of taxpayers' tax debts, has authorized the implementation of a program for the settlement and installment payment of ICMS debts in the State of Rio Grande do Sul, whether or not they are registered as outstanding debt, assessed, or subject to legal proceedings. The program provides for a […]
Atenção às tentativas de golpes utilizando o nome Cesar Peres Dullac Müller Advogados
Read more
Reiteramos nosso compromisso contínuo em oferecer serviços jurídicos com excelência e segurança. Diante disso, alertamos sobre uma situação delicada que tem ocorrido no setor jurídico: recentemente, tomamos conhecimento de tentativas de golpes direcionadas a clientes de escritórios de advocacia. Gostaríamos de tranquilizá-los, assegurando que todas as suas informações processuais e pessoais permanecem integralmente protegidas. Esses […]
The STJ decides that stock options (option to purchase shares or quotas) cannot be seized.
Read more
On November 5th, the 3rd Panel of the Superior Court of Justice ruled, through the judgment of REsp 1841466[1], under the rapporteurship of Minister Ricardo Villas Bôas Cueva, on the impossibility of seizing stock options. The case focused on the possibility of a third party exercising the right to purchase shares in […]
Governance in family businesses: essential structures and instruments
Read more
Corporate governance in family businesses has been gaining increasing relevance in the Brazilian business landscape, where approximately 90% of companies are family-controlled. The lack of adequate planning for business succession and the difficulty in maintaining harmony in family relationships often lead to the company’s failure […]
Resolution No. 586/2024 of the CNJ and the Future of Agreements in Labor Justice
Read more
On 09/30/2024, the National Council of Justice (CNJ) unanimously approved Resolution No. 586 through Normative Act 0005870-16.2024.2.00.0000, which regulates the agreement between employee and employer in the termination of the employment contract, through approval by the Labor Justice system, with full settlement of the contract. In other words, […]
English 
Português do Brasil 
Español