The Superior Labor Court (TST) sentenced a telephone company to indemnify a telemarketing in R$ 10 thousand for limiting access to the bathroom during the workday. According to the process, departures that took more than five minutes were deducted from the incentive award offered to employees.
In the labor complaint, the attendant reported that employees’ exits to the bathroom were controlled through an electronic system. In case of non-compliance, the attendants received warnings and threats. The worker also said that team leaders would look for the employee in the bathroom when it took time to return to work.
When judging the case, unanimously, the 3rd Panel of the TST followed the vote given by the rapporteur, Minister Alberto Balazeiro.
The rapporteur cited that Regulatory Norm 17 of the Ministry of Labor defines that workers in the teleservice area can leave the service stations at any time to go to the bathroom without financial losses.
“It is considered an abuse of the directive power, liable to compensation for moral damages, notably because the employee is not able to schedule trips to the bathroom, as well as because, by avoiding the satisfaction of physiological needs due to the repercussion on his remuneration, the employee it can even develop health problems”, argued the minister.
The ruling of the decision was published on 2 September.
Translated to english by RJ983
From Brazil, by EBC News