STF overturns labor conviction of R$47 billion against Petrobras

The First Panel of the Federal Supreme Court (STF) confirmed the annulment of a labor action worth R$47 billion involving Petrobras. By 3 votes to 1, the board granted the state-owned company’s appeal to overturn the understanding of the Superior Labor Court (TST) on the calculation of the Minimum Remuneration by Level and Regime (RMNR) that is more favorable to workers. The understanding was formed during a virtual trial that ended on Friday (10).

The payment was recognized by the TST, but was suspended by an injunction issued by Minister Alexandre de Moraes, in 2018. According to the TST’s understanding, workers would be entitled to additional additions to the RMNR payment, such as hazardous duty, night shift and confinement payments. According to the category’s unions, the model serves to differentiate between employees who provide administrative services and those who work in refineries or on oil platforms, the company said. Brazil Agency.

When deciding the case definitively, the Supreme Court confirmed Moraes’ injunction against the payment of the additions to RMNR. Ministers Dias Toffoli and Cármen Lúcia followed the rapporteur. Former minister Rosa Weber voted in favor of the workers. The president of the Court, Luís Roberto Barroso, declared himself a suspect to judge the case.

The process discusses the inclusion or not of constitutional premiums – such as dangerousness, confinement or night work, for example – in the calculation of the Minimum Remuneration by Level and Regime (RMNR), a type of salary floor that was created in a labor agreement 2007 to promote equality between employees’ salaries.

Several employees, however, managed to win in court the right to have their additional payments paid outside the established minimum wage levels, which created a situation of wage inequality in the company, causing distortions. The dozens of unions participating in the action argue that, as there are different understandings on the matter, the one most favorable to employees should prevail. The entities request the exclusion of additional payments from the RMNR calculation.