Rede de Restaurantes do RJ demite 690 e, com respaldo na CLT, manda a conta para o Estado

restaurantes demite 690 clt conta estado
bit.ly/3fRJDlk | Nesta quinta-feira (14) as medidas de isolamento e consequente fechamento do comércio deram causa a um sério problema trabalhista.

Doravante, a pandemia terá que ser discutida também na Justiça do Trabalho.

Com base na CLT, a rede de restaurantes Fogo no Chão, do Rio de Janeiro, demitiu 690 funcionários e está mandando a conta para o Governo do Estado.

A CLT prevê esta possibilidade.

O documento que o departamento de RH da empresa fez para os empregados assinarem no dia 4 de abril é intitulado “Comunicação de Rescisão do Contrato de Trabalho por Ato de Autoridade“.

A rede de restaurantes afirma que por conta da disseminação do novo coronavírus, e dos decretos estaduais determinando o “encerramento das atividades” do restaurante, e também por conta do que trata o artigo 486 da CLT, os empregados estariam sendo demitidos.

No mesmo documento, a churrascaria afirma o seguinte:

“O pagamento de suas verbas rescisórias nos termos do art 486 da CLT, deverá ser a cargo do GOVERNO DO ESTADO DO RIO DE JANEIRO, autoridade que decretou a paralisação das atividades do EMPREGADOR“.

Eis o que diz o artigo 486 da CLT:

Art. 486: No caso de paralisação temporária ou definitiva do trabalho, motivada por ato de autoridade municipal, estadual ou federal, ou pela promulgação de lei ou resolução que impossibilite a continuação da atividade, prevalecerá o pagamento da indenização, que ficará a cargo do governo responsável.

Diario do Rio
Fonte: www.jornaldacidadeonline.com.br

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