Worker Fired for 4 Extra Minutes Wins Case After Court Rules Clock Was Too Far

A Brazilian labor court has overturned the termination of an employee from the food industry in Uberlândia who was dismissed for working four minutes beyond their scheduled shift. The employee argued that the extra time was spent walking to the time clock, which was located in a distant locker room, about a five-minute walk from their workstation. The company's representative corroborated this account, admitting that the employee would not have exceeded the workday if the clock had been closer. The court found the dismissal disproportionate and lacking intent from the employee to violate company rules. Judge Celso Alves Magalhães of the 5th Labor Court of Uberlândia considered the excess minutes insignificant and a direct result of the travel time to the clock. This ruling was upheld by the Minas Gerais Regional Labor Court (TRT-MG), though an appeal to the Superior Labor Court (TST) is possible. The company had cited the four-minute infraction, along with prior warnings and a suspension, as evidence of the employee's lack of commitment. However, the court determined that the company failed to prove the previous disciplinary actions were severe enough to justify immediate termination. Consequently, the dismissal is now considered without just cause, entitling the worker to severance pay, accrued and proportional vacation time with a one-third bonus, proportional 13th salary, a 40% FGTS bonus, and a penalty under CLT article 477. The court also recognized the employee's right to a medium-level insalubrity bonus and ordered the company to provide a Social Security Professional Profile (PPP). A claim for moral damages was denied, as the court found no evidence of harm to the worker's honor, image, or dignity beyond the wrongful termination itself.