A condemnation to the payment of overtime arising from the residual minutes preceding and succeeds the interval period was renovated with the Superior Labor Court, in favor of a furniture industry in Rio Grande do Sul. the understanding of the Regional Labor Court of the 4th Region.

According to the first-degree decision, it would be due to the author only payment (such as extraordinary hours) of the missing time between the legal interval of an hour and effectively enjoyed by the employee in the days when he would have had more than 50 minutes interval.

Second degree, the TRT of the 4th region understood that they should not be discounted, or computed as an extraordinary journey the time variations of a maximum ten minutes, applying, by analogy, the tolerance that provides art. 58, §1 of CLT. In this way, the Regional Court has disregarded the days in which more than 50 minutes of the interval were enjoyed.

In the Superior Court of Labor, the author's appeal was not known, since the divergent decisions submitted by the worker for confrontation were not the subject in debate, as required by that Superior Court.

Process: RR-73-38.2012.5.04.0511