The Gazette | ES company ordered to pay R$100,000 for electoral harassment

A company in the ornamental stone sector in the south of Espírito Santo was convicted of carrying out electoral harassment against employees in the 2022 elections. According to information released by the Public Ministry of Labor in Espírito Santo (MPT-ES), the complaints against Programar Progresso Granitos e Mármores report the coercion of employees to participate in political demonstrations after the presidential election, including the provision of buses for demonstrations against the results.

The decision, handed down by the Regional Labor Court (TRT) of the 17th Region, establishes the payment of compensation for collective moral damages in the amount of R$ 100 thousand, in addition to prohibiting the company, located in Cachoeiro de Itapemirim, from directly or indirectly influencing politically their employees.

According to the MPT-ES, the investigation was conducted by the Labor Attorney’s Office in the Municipality (PTM) of Cachoeiro de Itapemirim and began after a complaint from the Union of Workers in the Ornamental Stone Sector in Espírito Santo (Sindimármore).

According to the organization, testimonies and evidence collected throughout the MPT investigation confirmed the practice of electoral harassment, including allowing candidates to campaign within the company. The decision points out that candidates Magno Malta and Júnior Correa, both from the Liberal Party (PL), were at Programar’s facilities to campaign. At the time, the two were candidates for senator and federal deputy, respectively. “The decision highlighted the need for ministerial intervention to protect workers in their political conscience and preserve equal conditions between candidates in electoral processes”, reported MPT-ES.

Still according to information released by the MPT, during the investigation, the company refused to sign a Conduct Adjustment Term (TAC), refusing to repair the collective moral damages and offering a very low value given the “severity of the injury to diffuse rights and workers’ collectives”. “Therefore, it was necessary to file a Public Civil Action (ACP) to avoid the repetition of such illicit conduct and compensate for the damages caused by the company to the community”, informs the agency.

According to the decision, the buses were made available by the company so that workers could participate in the demonstrations that took place on November 1st and 2nd, 2022, at the Safra interchange, against the result of the presidential elections. The organization also did not deduct the working day of employees who attended these events.

“From the moment the employer takes politicians into the company to present themselves and campaign, from the moment they take employees on chartered buses to political movements and even pay for the day, it is obvious that they intend to influence the political choice of employees. which translates into the vote”, says an excerpt from the decision’s rapporteur’s vote in TRT-17.

The document also points out that this behavior is a form of intimidation and embarrassment, as it does not allow parity of strength between employee and employer. “And this intimidation and embarrassment is not overt. It is innocent to ignore that there are various forms of pressure and innocent to accept the thesis that, in an environment such as that offered by the defendant, employees would not feel at least embarrassed by the insistence on promoting the employer’s ideology […]”, says the rapporteur in another excerpt.

The decision prohibits the company from inducing, pressuring or enticing workers to participate in political activities or demonstrations and not allowing candidates to carry out electoral campaigns within its facilities during working hours, under penalty of a fine of R$10,000 per act of non-compliance, to be reverted to the Worker Support Fund (FAT).

Grupo Programar, as well as politicians Júnior Correa and Magno Malta, were contacted by the report The Gazettebut did not respond until the publication of the text.

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