Overtime or time off. An on-call worker is only entitled to payment of overtime or the granting of time off if called upon. With this understanding, the Federal Regional Court of the 1st Region reformed a first-instance decision and did not accept the request of Federal Police chiefs in the state of Amazonas who were trying to obtain one hour of time off for every three hours on call.
In accordance with the provisions of DPF Ordinance 1,253/2010, only the public servants effectively called upon to perform activities outside the hours of the normal work shift are entitled to compensation.
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Acting in the case, the Office of the Attorney General of the Union argued that compliance with the judgment could generate serious consequences for the economic and social order. Since the determination would generate compensations that could lead to the enjoyment of more than four months per year of compensation for the beneficiaries. And this would cause harm to the fulfillment of the duties within the police’s competence and also damages of difficult reparation to the public treasury.
The TRF-1 accepted the request for suspension of the judgment, further noting the understanding of the Superior Court of Justice, which denied a similar request for alteration of the compensation regime in light of the possibility of overburdening the body in the fulfillment of its functions. Source: Conjur – with information from the press office of the AGU.
Read more about similar topics, including overtime, in articles on our website
You may also be interested in reading the articles written by the partner-owners of the Lassori firm that are available here on our website, such as: “The labor rights settlement instrument is an innovation of the labor reform”, by Glauber Ortolan, and “The labor reform contributes to the professionalization of family businesses” and “Check out other tips on how to avoid conflicts of interest in family businesses”, both by Juliana Assolari. Enjoy your reading!
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