When the worker has a portable communication apparatus, such as pager or cell phone and is through it that the employer contacts it for eventual calling to the service, it is not configured the regime of overaviso, since There is no impediment to freedom of locomotion.

Labor claims with the pretension of inferring that the use of cellular devices provided by undertakings Ensure overwhelming regime are not new in court, but they always deserve attention from employers.

It was in this sense that it decided the Superior Labor Labor Court presented by a business consultant of important Brazilian liquefied gas distributor. Although the appeal has not been known by the Court because it would have to be re-examined the facts of the action, which is prohibited by the TST, the rapporteur ratified the constant positioning in the SIMULA 428 of the TST in its item I, which considers that the Use of mobile supplied by the company to the employee, by itself, does not characterize the overwhelming regime.

Related process: magazine resource no. 5827-66.2012.5.12.0016