The Sixth Panel of the Superior Labor Court (TST) upheld the appeal of a female employee of the Richard Hugh Fisk Foundation, who, working beyond her normal working hours, did not enjoy the pause for rest foreseen in article 384 of the Consolidated Labor Laws (CLT), which ensures to female workers the pause to rest for 15 minutes in case of extension of normal working hours.
In the grievance, the employee affirmed that the company did not observe the provisions of the CLT, since the pause for 15 minutes was not granted in the days when there was extension of normal working hours. As the employee did not enjoy the right, the claim was to receive the time of the pause as overtime, but the lower court judge rejected the request.
The worker then appealed to the Regional Labor Court of the 9th Region (TRT-PR), which also rejected the claim under the arguments that that there was no justification for differential treatment in relation to the pause since it is incompatible with the Federal Constitution because it violates the principle of equality foreseen in article 5, item I. Also, the Regional understood that, as there is no provision of this right for men, it would be a discriminatory act to ensure this right to women.
The employee appealed to the TST, reaffirming its right to the pause. Based on the case law, the reporting judge Minister Aloysio Corrêa da Veiga granted the appeal and reversed the decision of the TRT-PR to sentence the company to the payment of overtime regarding the time of the pauses, under the arguments that article 384 of the CLT is in full force and does not offend the principle of equality before the differences inherent in the working hours of the female worker in relation to the man worker.
Case No. ARR-17000-12.2009.5.09
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