The Regional Labor Court of the 1st Region (TRT-1) condemned the law firm Pellon & Associados Advocacia Empresarial to the obligation to refrain from admitting lawyers as partners or associates when the assumptions contained in articles 2 and 3 of the CLT and extending interns’ working hours beyond the legal limit, as well as paying a fine for collective moral damage in the amount of R＄ 3.5 million.
The decision was made in the records of Public Civil Action No. 0100744-17.2020.5.01.0012 filed by the Public Ministry of Labor in Rio de Janeiro (MPT-RJ) with support from the civil inquiry in which it was found that the lawyers join the office as associates with the promise that one day they would become partners. However, in practice, lawyers are subject to the hierarchical structure of the office, as they work pre-established hours, receive fixed remuneration and, most importantly, have all their activities subordinated to the decision of supervisors.
Interns also reported excessive work and constant pressure to meet targets, which resulted in extraordinary working hours, violating the limits of Law 11,788/2008. One of the witnesses interviewed stated that she began her activities at the company as an intern in 2008 and even before graduating and obtaining her OAB license, in December 2011, she took over the office bench and started to fulfill the working hours established for employees. lawyers.
In the sentence, the Labor Judge of the 12th Labor Court of Rio de Janeiro, Gustavo Farah Correa, highlighted that “the object of this action is not the recognition of the employment relationship itself, but rather the abstention from a form of hiring that aims to defraud labor legislation. The intention, in this case, is to inhibit conduct considered harmful to the rights of office workers and those who may still be hired to provide services under identical conditions.”