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Participation in federated championships in the youth categories, due to the limitation it imposes on freedom of practice, removes the characterization of the sporting activity as educational, participation or mere training. RF Club will have ten days to prove that it complied with the obligations to which it was sentenced RF Based on this understanding, judge Dulce Maria Soler Gomes Rijo, from the nd Labor Court of Santo André (SP), condemned Esporte Clube Santo André for irregularities in the hiring of athletes from its base category. The decision was caused by a public civil action filed by the Public Ministry of Labor in December after attempts to conclude a Conduct Adjustment Agreement with the club so that the entity could regularize the irregularities found during promotional activities involving several football clubs. When analyzing the matter, the judge upheld all of the MPT's requests. "Although the club is not formally certified as a training club, in practice it acts as a Training Club and, for this reason, must comply with the provisions of article of Law which deals with the qualification and accreditation of the training sports entity, and the formalization of the sports training contract with its athletes", he wrote in the decision. As a result, the judge determined that the club must prove the implementation of the obligations to which it was condemned within a period of days under penalty of a fine of R$, per athlete.
Among other measures, the Greece Phone Number association will have to provide scholarship payments worth one minimum wage to its athletes in training. According to Labor Attorney Sofia Vilela de Moraes e Silva, author of the action, "the activity has a clear competitive purpose, and in the case of young athletes involved in a high-performance sporting activity, although the employment relationship is removed, it has if a work relationship that, through a systemic interpretation, is close to a learning contract, which demands not only the regular hiring of athletes, but also the payment of learning grants and the need to meet the requirements imposed on training entities of athletes (§ of article of the Pelé Law)", explains the prosecutor. Click here to read decisionIn this sense, the novelty brought about by the discussion on the payment of home office costs has been the subject of several decisions made by the Labor Court, and to date there is no consensus on the topic. On the one hand, there are already Labor Court precedents that, supported by article of the CLT, argue that workers are prohibited from bearing the costs of business activities. On the other hand, it is also possible to locate decisions to the effect that the company does not have to bear such costs, considering that there is no decrease in the employee's salary, as well as the validity of what was agreed between the parties regarding these expenses.
We also highlight that MP when discussing teleworking, specifically provided for the obligation for the employer to provide the employee with equipment and infrastructure necessary to carry out teleworking, if the worker did not have them. Identical device was reproduced by MP In other words, for teleworking contracts established under the MPs, it seems clear to us that it is mandatory to provide equipment and infrastructure to workers so that they can carry out their activities remotely. In discussion affecting the teleworking contract signed under the aegis of MP , the substitute judge of the nd Labor Court of São Caetano do Sul, Isabela Parelli Haddad Flaitt, in a very recent decision condemned a company in the retail sector to reimburse the worker who proved expenses with the acquisition of equipment to work remotely. As demonstrated in those records, in order to be able to carry out their work activity from home, the worker had to purchase a headset, cell phone, desktop monitor, Office package and HDMI cable, which generated expenses of approximately R$ thousand, which had to be reimbursed by the company.
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