The employer can, through his own or convenient physician, to consider that he persists the employee's inability to work and challenge the report of the INSS that declares him apt to return to his activities. During this period of waiting for the administrative resource, the company must pay the salaries to the worker, which can not be devoid of resources to survive while the issue is not resolved.

By adopting this understanding, the 7th class of the TRT Mineiro partially judged the reclaiming appeal, only to rectify the periods in which it should remunerate the claimant when he was removed from work, without receiving the social security benefit.

The claimant filed the labor action because, even after receiving the discharge from the INSS, the employer prevented him from returning to his labor activities, because he still persisted his incapacity. With this, in several periods, he did not receive the social security benefit or salary.

with TRT3 information