The regional work of the 3rd region (MG) had previously accepted the framework of the claimant as a banking, considering that the employee offered the Cards administered by the Bank, and which was coordinated with the company in the marketing of financial products such as credit cards and personal loan. For the network of stores, activities were not banking, highlighting the absence of subordination to the financial institution, requirement required for the recognition of employment and banking link.
The rapporteur of the company's resource for TST, Minister Alberto Bresciani, noted that claims is a department store whose main activity is the sale of retail clothing articles, and that the commercial relationship between the company and the banks responsible for network cards does not characterize illicit outsourcing.
"The constant search for alternatives to attract customers have made the retail companies specialize their workforce. With this, its employees have been prepared to develop a range of tasks that are not necessarily directly linked to the company's end activity. Thus, no rare is the situations in which employees who work in the field of trade develop activities diverse those linked to sales themselves. Consequences of increasing the complexity of 'employee versus employer' relations are doubts that hover over the true recipient of the employee's workforce as well as the rules of service provision. These doubts have often been led to the judiciary and demand from companies an increasingly specific preparation for the new market reality does not represent an increase in business costs due to increased liabilities, "says André Luis Palmarante Ferreira, Labor Area Lawyer of Carpena Associated Lawyers.
"Outsourcing has been one of the most discussed themes in labor justice and, in this decision, this fact was no different. As for the judgment in Cotejo, it is noticed that the maid sustained that, despite working for the company referred to in the judgment, it exercised activities typically banking. However, for the recognition of the employment relationship, it is necessary that, in the analyzed relationship, continuity, subordination, unosiness, personality and alterity, concomitantly. Therefore, as verified in the case reported, one of the essential requirements for the characterization of the employment contract: the subordination. Thus, in view of the absence of such a requirement the relationship between the Bank and the cited company is strictly commercial, and there is no mention of bonding with the banking institution, "explains João Flores Aguiar Lemos, a member of the team of the carpena labor Associated lawyers.
