SP labor court reduces port quotas for disabled persons

The port sector obtained an important precedent from the São Paulo regional labor court (“TRT”) to apply the quota reserved for disabled people only towards administrative positions and not to the entire operation, which includes stevedores and crane operators. The decision benefits one of the largest container terminals in the country – now protected against new assessments.

In a recent judgment, the 3rd panel of the TRT (2nd Region), a majority voted that the operational posts are incompatible with people with special needs or those who are rehabilitated. It also understood that demanding compliance with the quota without this peculiarity could put workers and everyone involved in the production chain at risk.

“The appellant [company] does not have a job market due to the incompatibility of certain positions for which there is no way to ensure safe and efficient work by the disabled or rehabilitated person”, stated Jucirema Maria Godinho Gonçalves, who was designated to write the judgment (Case No. 10000462420205020443).

Companies operating in airports and in the oil and gas, private security, and transport sectors have already won precedents to this effect in the labor courts of São Paulo, Rio de Janeiro, Bahia, Minas Gerais, and the Federal District.

Source: Valor Econômico

To read the full original article, visit the link:

https://valor.globo.com/legislacao/noticia/2021/09/06/trt-reduz-cota-para-pessoas-com-deficiencia-de-empresa-portuaria.ghtml

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