Quinta, 4 Outubro 2018, 10:55 am
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TST USA LEI DA TERCEIRIZAÇÃO PARA NEGAR REGISTRO DE BANCÁRIA A PRESTADORA


Até julgamento do STF, o entendimento da Justiça trabalhista era que a terceirização do call center por bancos era ilegal

A Quarta Turma do Tribunal Superior do Trabalho (TST) usou o novo entendimento sobre a terceirização para rejeitar o pedido de uma funcionária de um call center que prestava serviços para o Santander. Na ação, ela pedia para ser enquadrada como bancária, pois trabalhava exclusivamente para o banco na venda de produtos financeiros, ou seja, uma atividade primordial para a instituição.

Ao julgar o recurso, a Turma se baseou na decisão do fim de agosto do Supremo Tribunal Federal (STF), que considerou constitucional a terceirização irrestrita, permitindo assim que as atividades-fim das empresas sejam desempenhadas por funcionários de companhias contratadas por elas.

Para o professor de direito do trabalho Ricardo Calcini, o TST passou a aplicar o entendimento de que é legal qualquer forma de terceirização entre pessoas jurídicas, independentemente do objeto social das empresas envolvidas.

“A terceirização de atividade principal tem fundamento no princípio da livre iniciativa, estando as empresas autorizadas, de agora em diante, a escolher o modelo organizacional mais adequado às suas necessidades frente ao mercado globalizado e internacional”, afirma.

Segundo ele, o entendimento do TST representa uma mudança de postura no julgamento desse tipo de ação. “A atividade de ‘call center’ era sempre vista como terceirização ilícita quando executada em favor de entidades bancárias. Com a nova decisão no STF, não é mais é possível reconhecer o vínculo de emprego do terceirizado diretamente com o banco.”

A visão, de acordo com ele, é de que o simples fato de o serviço de telemarketing estar inserido na atividade-fim não viola a legislação. (Fonte: Veja)

 

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