The Second Panel of the Superior Labor Court (TST) accepted the appeal of a teacher and sentenced the defendant, Sociedade Educacional de Divinópolis Ltda, to the payment of extra for night work for the work performed by him until 10:40pm. For the Panel, there is no legal requirement foreseeing that the additional allowance is only applicable to the complete period of one hour after 10pm.
The sentence of the lower court judge recognized the right of the teacher and sentenced the defendant to the payment of extra for night work proportional to the time worked after 10pm. However, the decision was reversed by the Regional Labor Court of the 3rd Region (TRT-MG), which considered improper the additional allowance in this situation since the night hour was not fully completed.
The teacher appealed then to the TST. In the reporting judge's opinion, Minister José Roberto Freire Pimenta, in this case, the extra for night work is actually due since article 73, paragraph 2 of the Consolidated Labor Laws (CLT) does not foresees that the additional is only applicable to the complete period of one hour after 10pm.
Case No.
RR-100800-15.2009.5.03.0098
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