In June, the first class of the Superior Labor Court (TST) maintained a decision that recognized a propagandist-seller of the Pharmaceutical Area AS Collective Standards planned for this category in Rio Grande do Sul. Despite From the contract had been signed in São Paulo, the worker acted on a solo gaucho. TST ministers emphasized that the applicable rules are those in force at the place where the services occurs , based on the decision the territoriality principle (Article 8, II, Federal Constitution).

In action, the worker requested the receipt of rights as wage differences and education aid, established in collective conventions by the area unions in Rio Grande do Sul. However, it alleged that applies to its employees, throughout the Brazil, the collective instruments signed between Paulista Union.

" This type of situation makes it necessary to compliance with the existing rules on the territorial basis where the provision of services itself is required, regardless of where the contract was signed, under penalty of configuration of Labor liability arising from the application of rules signed by unions that do not represent an employer and employed in the respective location. Such an understanding stems from the interpretation extracted from the principle of territoriality, which seals the 'creation of more than a trade union organization, at any degree, representative of professional or economic category, at the same territorial basis' ",

Explain André Luis Palmarante Ferreira ,

Carpena lawyer associated lawyers.

Cited process : RR-90500-32.2007.5.04.0002