Manaus port worker to appeal ruling, seeking remuneration for overtime

In a lawsuit filed by a port worker in Manaus (AM), the Sixth Division of the Superior Labor Court (TST) recognized the compatibility between the production remuneration regime and the payment of overtime when the daily or weekly shift is extended. The collegiate was based on the TST’s understanding that port workers have the same constitutionally guaranteed rights as people with permanent employment.

Pay according to productivity

According to the Regional Labor Court of the 11th Region (PA / AP), the collective rule provided that the wage consideration for stevedoring services would be previously fixed by term and for each unit of unloaded or loaded container. It also provided that, in the total amount of remuneration, the amounts referring to the 13th salary, vacations, and weekly rest would be included, less tax, social security, and other charges. In relation to work on Saturdays, Sundays, and holidays, the percentage was adjusted as overtime for containers loaded or unloaded and for night work.

According to the TST, payment receipts showed that Super Terminais Comércio e Indústria Ltda. and Chibatão Navegação, for which the port had provided services, had correctly paid the adjusted remuneration in collective bargaining.

Constitutional guarantee

In the review appeal, the port worker claimed that Article 7, items XIII and XVI, of the Constitution of the Republic guarantees the remuneration of extraordinary service at a minimum of 50% higher than normal, and that this constitutional guarantee does not entail waiver or flexibility due to collective bargaining.

Compatibility

The rapporteur, Minister Kátia Arruda, stressed that the TST has established an understanding that port workers are guaranteed the same constitutionally guaranteed rights as workers with permanent employment. Therefore, once the work extends over the legal period, overtime must be granted.

She cited several judges with similar situations and concluded by recognizing the compatibility between the remuneration regime for the production of the port worker and the payment of overtime when there is an extension of the daily or weekly shift. With that, the process will return to the TRT, to examine the facts and evidence regarding overtime.

The decision was unanimous.

Source: Labor Court

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