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ARTICLE · 06 MARCH 2013

Company Shall Indemnify Employee Forbidden To Return To Work

Vieira Rezende Advogados
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The 6th Panel of the Regional Labor Court of the 3rd Region classified as arbitrary, abusive and unethical the behavior of a company that, contrary to the conclusion of the expertise pension, did not allow the employee to return to work.

BrazilEmployment and HR

The 6th Panel of the Regional Labor Court of the 3rd Region (TRT-MG) classified as arbitrary, abusive and unethical the behavior of a company that, contrary to the conclusion of the expertise pension, did not allow the employee to return to work.

The judges granted in part the appeal of the claimant in order to sentence the defendant to the payment of wages of the period and moral damages.

The employee alleged that after suffering a motorcycle accident and be absent from work receiving illness aid for a period, he was discharged from the INSS, but was forbidden to restart his activities since the company's doctor deemed him unfit for work.

The decision of the lower court judge denied the applications of the claimant of wages and moral damages, which was reversed in the 2nd instance.

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