Business and management must compensate an employee for abuse
aggressive and even insulting words brought the worker to be in a position to pay and claim a damages, including moral damages, which the Justice was held. What the experts recommend to prevent the occurrence of these conflicts.
interpersonal relationships in the workplace show that there are few times where the problems originate in its treatment of line managers about their employees.
In this scenario, the Justice is marking sentence after sentence is a clear tendency to settle claims for dependents, so that any excess would make a superior could end up having an impact in a high cost for companies.
And so it happened in one case in which harsh words and even insults led the employee to be placed on layoff status and claim compensation, corresponding mainly a compensation for moral damage done rather than justice.
aggressive words
One day the employee, who worked as a delivery of the products of the company, was walking through the halls of the company. At one point heard a calling. To see who they were aimed was surprised. They were to him, and worse, came from his boss.
Soon after, while he was eating lunch, his superior asked him to halt and begin to establish the division of orders. To make matters worse, he had been sent to two locations at the same time. When he returned to office, was reprimanded because he arrived late to a destination indicated.
Faced with these situations, which could not be considered bullying or harassment because the problem was not against a single employee, but against the entire staff, the clerk is considered dismissed.
result, claimed the awards for the application of labor fines because it was ill-recorded, and compensation for moral damage because of the bad treatment he had suffered while performing his duties.
The trial judge ordered the company and vice chairman - who in fact exercised power of management and organization of the firm, to pay a sum of money in respect of claims arising from the breakdown of the employment relationship and incorrect recording of conditions of employment.
Given this ruling, the employee complained to the House because, from their point of view, incorrectly calculated some of the items and was denied compensation for the moral wrong suffered.
An interesting point here is that the clerk noted that the calculation of overtime, to set the "time value" divided the amount of monthly salary for 30 days and 8 hours of legal time. From their point of view, to serve 8 hours a day six days a week, not for taking as parameter 240 hours per month. At that point, the maid gave him the reason.
then noted that as the employee worked overtime regularly, they should be computed to assess the condemnation of the respective items.
To sustain this position, the judges ruled that overtime wages must "be integrated into all other concepts severance" as if they were based remuneration received by the worker, there was no reason to justify their exclusion. Moral damage
Judges, in a majority vote, gave the reason the employee in that place should be compensation for moral damage.
This is because one of the obligations of the employer is to give the employees a respectful manner.
"loaded with invective language or violence constitute hostile treatment, affecting the dignity of the employee and failure to involve the essential duties of the employment contract," the maid.
At this level, the International Labour Organization (ILO ), referring to violence in the workplace, says it is "any action, incident or behavior that departs from reasonable conduct which a person is assaulted, threatened, humiliated or injured in the exercise of their profession or as a direct result thereof. "
On the vice chairman, the judges highlighted that" with the employee taking to violent treatment, although this does not qualify as moral harassment. "
" Violence in the workplace, whether internal-that takes place between workers, including managers and supervisors, or externally between workers (and managers and supervisors) and any other person present at the workplace, can register different degrees, "explained the maids.
" However, both are reprehensible acts of violence more intense working in some cases to cause damage to psychophysical subjects fragile psychological or physical structure, such as lower-intensity violent behavior, "the judges.
The judges also emphasized that one of the bosses "the clerk gives him a disrespectful as to address him, among other things, used foul language that the employee had no duty to tolerate, terms that had ability to damage their dignity and their right to a work environment free of violence. "
Therefore, the judges did rise to compensation for moral damages as the vice chairman" could not ignore the fact that treatment of these characteristics could result in injury to feelings, according to the natural and ordinary course of things, the employee ".
In this category, the judges, taking into account the circumstances of the case, the worker's age, his task , the duration of the bond and other records, set the compensation in the sum of 7,000 pesos.
If you are a victim of bullying. See 4842 0583 / 15 5 718 9066.
