Worker who is in a pre-retirement period must inform his condition before being hired in a new job. Otherwise, it can be fired. Thus understood the 3rd chamber of the 2nd group of the Regional Court of Work of the 15th Region when giving cause gain to an employer.

The landings welcomed the argument that the worker failed to comply with a collective rule not to present a pre-retirement proof document, within 30 days of the notification of the dispensation.

They also highlighted that, contrary to the understanding exposed in a judgment by Jacareí (SP) 2nd Court (SP), the Common Parties will be respected in accordance with the XXVI's terms of Article 7 of the Federal Constitution, and Because it is a beneficial legal business, it must be construed in a restrictive way.

For the lawyer Diego Herradon, Carpena Associated Advocates, the case deals with a constitutional issue. "Although the judgment does not deal with the new modalities of agreement between employer and employee instituted with labor reform, it is based on constitutional principles, such as the trade union freedom and recognition of collective conventions and agreements, which they did not have any amendment "He says, who acted in the cause.

The understanding of the rod of Jacareí, favorable at first instance to the employee, was in the sense that the employer, even aware of the imminence of the retirement of the worker, would not have requested documentation to verify such a condition. It also grounded the decision in the fact that the delay of meeting the INSS agencies makes it possible to comply with the 30-day deadline required in a collective standard for submitting documentation to the employer.

Process 0010176-77.2017.5.15.0138