Regional Labor Court allows company to hire Santos autonomous workers who have not registered with OGMO

On August 3rd, the court confirmed a decision by which a machinery-and-equipment-rental company operating in the Port of Santos can hire port workers under an employment relationship without their being autonomous workers registered with OGMO (the labor-management agency).

The decision was decided two votes to one and is from the 11th Division of the Regional Labor Court of the 2nd Region (TRT-2), in São Paulo. The full version was not available in the body’s procedural consultation system. It is possible to appeal to the Superior Labor Court (TST).

SINDOGEESP (the crane equipment operators’ union) had appealed a sentence handed down in March in an attempt to make R. D. Locação e Serviços Ltda. obey the ports law (Law 12,815, of 2013) and hire employees exclusively from OGMO’s autonomous workers. At the time, however, the substitute judge of the 5th Labor Court of Santos, Samantha Fonseca Steil Santos e Mello, considered that the norm should not be interpreted “literally”, “since, in case of lack of interest of registered independent port workers, the impediment of any other type of hiring would make the company’s continuity unfeasible”.

Source: The Tribune

To read the full original article, visit the link:

https://www.atribuna.com.br/noticias/portomar/tribunal-regional-do-trabalho-permite-nao-avulsos-em-empresa-do-porto-de-santos

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