Nestlé condemned for illegal outsourcing.
"Irregular outsourcing has been used to circumvent the law, since the employee is hired by one company to provide services within another company, submitting to orders from employees of the contracting company," states labor prosecutor Alberto Balazeiro; the company will have to pay R$ 100 in compensation for collective moral damages and "immediately correct the illegal practices."
Bahia 247
The Regional Labor Court (TRT) in Bahia has condemned Nestlé do Brasil, Nestlé Nordeste Alimentos e Bebidas, and Duarte Recursos Humanos for the practice of illegal outsourcing and "for a series of labor irregularities" in a public civil action brought by the Labor Public Prosecutor's Office (MPT).
The unanimous decision was handed down by the fifth panel of the Regional Labor Court in an appeal filed by the company against a first-instance decision by the fourth Labor Court of Feira de Santana, from May of last year.
"With this latest ruling from the courts, the company will have to pay R$ 100 in compensation for collective moral damages and immediately correct the illegal practices," says a statement from the Public Prosecutor's Office.
The multinational company's factory in the municipality of Feira de Santana, in the interior of Bahia state, had been caught 11 times by inspectors from the Regional Labor and Employment Management violating labor laws and maintaining a contract with the company Duarte Recursos Humanos for the outsourcing of internal plant activities.
Nestlé will no longer be able to require its employees to work more than two hours of overtime per day, and will also have to guarantee a minimum interval of 11 hours between each shift, provide days off on holidays, and create 15-minute breaks for those who work less than six hours and one-hour breaks for shifts exceeding this limit.
Another consequence of the decision is that the company will no longer be able to hire outsourced workers for ongoing activities within the plant.
For MPT prosecutor Jairo Sento-Sé, who made the oral argument at the session last Tuesday (19) that upheld the first instance sentence, "the Court was categorical in confirming the understanding of the MPT and the fourth Court of Feira, which greatly reduces the chances of a possible appeal by the company".
Prosecutor Alberto Balazeiro also states that "irregular outsourcing has been used to circumvent the law, since the employee is hired by one company to provide services within another company, submitting to orders from employees of the contracting company."