Worker's dismissal for working 4 minutes over time overturned by Minas Gerais court
The Labor Court of Minas Gerais has overturned the dismissal for just cause of an employee from a food company in Uberlândia, located in the Triângulo Mineiro region. The employee was dismissed after exceeding his work shift by four minutes. The court ruled that the company failed to prove the employee's conduct was severe enough to warrant dismissal for just cause, the most serious penalty under labor law. The company's name was not disclosed, and an appeal is pending before the Superior Labor Court (TST). The company had argued that the employee worked beyond the tenth daily hour without authorization, and this, combined with prior warnings and a suspension, indicated a lack of commitment. The employee countered that the four-minute overage was unintentional, occurring because he had to walk to the time clock in the locker room, which was distant from his workstation. A company representative confirmed this, acknowledging that a closer time clock would have prevented the issue. The judge deemed the four-minute excess insignificant and disproportionate for a just cause dismissal, especially considering the travel time to the clock. The court also found the company did not adequately prove the prior disciplinary actions were sufficiently severe or recurrent to justify such a harsh penalty. Consequently, the dismissal was reclassified as without just cause, entitling the worker to severance pay, including notice period, accrued and proportional vacation with a one-third bonus, proportional 13th salary, a 40% FGTS bonus, and a penalty under CLT article 477. The court also recognized the worker's right to a medium-level insalubrity bonus and ordered the company to provide his Social Security Professional Profile (PPP). However, 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 dismissal itself.
This ruling highlights the principle of proportionality in labor law, emphasizing that disciplinary actions must align with the severity of the infraction. The court's decision underscores the importance of clear company policies and infrastructure, such as accessible timekeeping systems, in preventing unintentional rule violations. By focusing on the insignificance of the four-minute overage and the employee's need to travel to the time clock, the judiciary has reinforced that employers must demonstrate not only a violation but also intent and substantial harm to justify the most severe employment consequences. This case serves as a reminder for businesses to review their disciplinary procedures and operational setups to ensure fairness and legal compliance, particularly in an era where remote work and flexible hours are increasingly common, necessitating robust and equitable management practices.
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