In July, the 8th class of the Regional Labor Court of the 4th Region of Rio Grande do Sul (TRT-RS) decided that a worker of a gaucho factory of electronic components must receive salary differences, since he was able to prove that he performed the same Tasks that a male colleague, but receiving lower salary. In the understanding of the TRT-RS, the company's conduct caused gender distinction, which is prohibited by the Federal Constitution of Brazil. The decision confirms a sentence of Judge Marina dos Santos Ribeiro, the 4th stick of the work of Gravataí. It is necessary to appeal to the Superior Court of Work (TST).
When presenting the first-degree decision to TRT-RS, the company claimed that wages would be different because men would also work on the transport of parts, activity that would require more physical strength, and that therefore the higher remuneration would be Justified. However, for the rapporteur of the case in the 8th class, a lawyer Francisco Rossal de Araújo, the company's claim could not be taken into account because the testimal proof made it clear that auxiliary cars were used for transporting materials, and that several workers in the sector were used the activity. The equipment, according to the judge, made it possible that the activity was performed without a requirement of great physical strength.
As for the other requirements required by CLT for the equivalence, the magistrate highlighted that the employee's contracting served as a paradigm occurred within a range of less than two years in relation to the admission of the complaining maid, and which both worked in the same place and fulfilled the same requirements of production and perfection of work. Understanding was unanimous in the judge.
" It is known and discussed that society, evidently patriarchal, still maintains the model for the issue of gender. But gender achievements are an ascending legal sphere. The woman won a space that was before she was just turned men, however, there are still companies that did not suit perspective. The corporate environment should suppress and modify this abyss men and women, do not commit differentiation Highlights Luciana Freitas , Area Lawyer Labor from carpena associated lawyers. Cited process : 0000738-41.2014.5.04.0234 (RO)
