In times of economic crisis, a season conducive to the reduction of jobs and reduction of staff by companies, trough the analysis of the understanding that the courts have had regarding the motivational campaigns promoted by employers to foster production. Such measures are exactly the mitigation of the effects of the economic recession, but that, when poorly applied, they may have exactly the opposite effect.

in a recent decision of the Work Superior Court (TST), an important supermarket network was sentenced to pay compensation in the amount of R $ 3,000.00 to a maid who would have been exhibited in a humiliated way to the realization of "war cry "Named" cheers ". Minister Vieira de Mello Filho, in his vote, has been placed in the sense that, regardless of whether the employee has suffered pain or embarrassment with activity, compensation is due, as the company has a duty to create universal motivational mechanisms , which are not likely to cause any kind of discomfort in any employee.

Under the art. 927 of the Brazilian Civil Code, with an unlawful act that causes damage, there is a duty to repair. Already art. 186 of the same legal diploma clarifies that the unlawful act is the action or omission voluntary, negligence or imprudence that violates right and cause damage to others. In this step, it should be mentioned that the employer is the one who takes the risk of economic activity and that, as a result of it, acquires the Jus Variandi , which is the power of administration of the work itself.

It is that the human resources area of ​​companies uses motivational practices as a form of integration, retention and involvement of their employees. Activities such as group dynamics, playful activities or "toast" achievements by starting the day, are a very efficient way to encourage, aggregate and engage the teams in companies.

However, so motivational practice does not become discomfort to employees and employees in general, care should be taken to know the profile of team members and use the best of each professional within their characteristics, to minimize the possibility of exposure and constraints and obtain the effective result in productivity. These measures are possible when they have a qualified and tuned human resources area with the guidelines of the labor advisory.

Process: RR-701-05.2013.5.09.0656 (Mário Correia / RR / CF), Subsection I specialized in individual dissidences (SBDI-1) of the Superior Court of Labor.