O Consórcio Estreito Energia (CESTE), no sul do Maranhão, foi condenado, como responsável subsidiário, ao pagamento de indenização por dano moral e débitos trabalhistas a um ex-empregado da Nogueira e Lima Ltda, empresa contratada pelo consórcio. A determinação é da Primeira Turma do Tribunal Regional do Trabalho da 16ª Região (MA) que considerou o consórcio culpado por não fiscalizar a execução do contrato entre a empresa e o trabalhador, notificando a contratada por eventuais irregularidades ou não cumprimento de suas obrigações trabalhistas.
Condenado pelo Juízo da Vara do Trabalho de Estreito, o CESTE recorreu ao tribunal, afirmando não ter responsabilidade solidária ou subsidiária nas obrigações trabalhistas contraídas pela empreiteira Nogueira e Lima Ltda.
Para o relator do recurso, desembargador Luiz Cosmo da Silva Júnior, não se pode admitir que grandes empresas, tendo contratado serviços de empreitada, não se responsabilizem pelo adimplemento das obrigações decorrentes dos respectivos contratos de trabalho firmados entre os empregados e o subempreiteiro.
Os desembargadores da Primeira Turma do TRT-MA também mantiveram a responsabilidade subsidiária do CESTE pelo pagamento da indenização por dano moral cometido pela empresa Nogueira e Lima Ltda.
O Juízo da Vara do Trabalho de Estreito havia condenado a empresa Nogueira e Lima Ltda e, subsidiariamente, o Consórcio Estreito Energia, a pagar, ao ex-empregado da empresa contrata pelo CESTE, parcelas de saldo de salário devidos entre 07/2009 e 01/2010; aviso prévio indenizado; 13º salário e férias proporcionais, acrescidas do 1/3 constitucional; FGTS de todo período, acrescidas da multa de 40%; horas extras semanais e horas extras diárias por cada domingo e feriado trabalhado; horas in itinere; intervalos intrajornada e interjornada trabalhados; reflexos das horas extras sobre aviso, 13º salário, férias, 1/3 constitucional, FGTS e multa de 40%; e a multa do artigo 477, § 8º, da CLT.
As empresas também foram condenadas a indenizar o ex-empregado por danos morais. O CESTE, responsável subsidiário, alegou não ter tido culpa pelo atraso de salários que teria causado dano moral ao trabalhador.
O julgamento do recurso ocorreu no dia 10.08.2011 e o acórdão (decisão de segunda instância) foi publicado no Diário Eletrônico da Justiça do Trabalho em 17.08.2011.
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Seria muto bom, seria muito legal se essa medida fosse extensiva a tantos outros trabalhadores de empresas “terceirizadas”, que prestam serviços para órgãos públicos que ficam meses sem receberem seus salários, ficando seus familiares sofrendo todo tipo de constrangimento e humilhação.
A Justiça do Trabalho está sendo eficiente… Que continue assim.
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