A former drummer from the group Babado Novo went to court to try to receive payment for hours spent traveling in the band, between 2012 and 2017. The request was denied by the court.
According to a note from the Superior Labor Court (TST), the Third Panel rejected and examined the appeal that went against the decision that had denied the request for the amounts.
The musician wanted to include in his working day with the band the time he was on the road during trips between concert venues, which goes against the law that regulates the profession.
According to Law 6,533/1978, working time is calculated only from the performance at the workplace and not from travel to the locations where the shows will take place.
Action against Babado Novo and producer
The musician filed a lawsuit against the band Babado Novo and the production company Pequena Notável Empreendimentos Artísticos, arguing that he was at the disposal of the contractors during the journey to and from performances.
Furthermore, he claimed that his contract ended before the 2017 Labor Reform, which ended the so-called “hours in itinere”, that is, hours of travel.
The group’s former drummer also appealed to the Regional Labor Court (TRT), which upheld the previous sentence and said that the displacement is a consequence of work.
“Therefore, it is not appropriate to talk about calculating the time spent by the musician employed in commuting between the performance venues of the contracted shows in the working day”, concluded minister José Roberto Pimenta, according to a note from the TST.
iBahia contacted Babado Novo’s advisors to request the group’s position and is awaiting feedback.
