TST condemns McDonald’s for dangerous work with minors – 7/5/2023 – Market

The Superior Labor Court (TST) condemned Arcos Dourados, the biggest McDonald’s franchisor in Brazil, to pay R$2 million for employing minors in dangerous jobs. According to the decision, the company used teenagers to operate griddles and fryers, and must reallocate employees.

In addition to the work carried out in the kitchen, activities such as garbage and waste collection, and cleaning of bathrooms and changing rooms were prohibited by the ministers of the Court.

In a note sent to SheetMcDonald’s Brazil stated that “the decision in question is not final and the company will present the appropriate appeals. It reiterates its commitment to respect and full compliance with the current labor legislation”.

The conviction reverses the decision of the Regional Labor Court of Paraná (TRT-PR), which had exempted the company. To the TRT-PR, Arcos Dourados claimed that it provided personal protective equipment to employees, protecting them from burns during the operation of the equipment.

The amount of compensation considers collective moral damage caused by the network to workers, in addition to exposure to high-risk unhealthy work. Arcos Dourados has up to 15 days to comply with the decision, subject to appeal.

The action to take the process to the TST came from the Public Ministry of Labor of Paraná, with the support of Contratuh (Confederation of Workers in Tourism and Hospitality), which acted as an assistant to the Attorney General’s Office.

According to Contratuh, representative of workers in the fast food segment in Brazil, the risk of adolescents suffering burns was confirmed after a visit by Judge Paulo José de Oliveira de Nadai, from the 17th Labor Court in Curitiba. The magistrate attended the denounced establishments, according to the confederation.

According to article 403 of the CLT (Consolidation of Labor Laws), minors aged 16 and 17 can work. However, it is forbidden for teenagers to work in dangerous or unhealthy places or services, in accordance with article 405. Minors also cannot work at night (between 10 pm and 5 am).