Tuesday, October 2, 2012

Subject: criminal procedural law


There is no provision of law that requires an employer to maintain Deposit Guarantee Fund for Time Service (FGTS) for disability retirement. It is with this understanding that the Fourth blackwells Labour Chamber of the Supreme Court dismissed the appeal of banking reform blackwells meant that the decision rejecting the request for payment of benefits during retirement due to disability. blackwells
Action work has been filed against
Banco Bradesco SA, so that it is obliged to make payments along the FGTS employee disability retirement, which occurred in 2002. Judgment dismissed the claim and dismissed the case, he held that the right of action has been completely rewritten.
The District Court of the 5th Working Region (BA) said, refusing to respond to the request of the bank, because the disability blackwells pension suspend a contract and releases the period of expulsion. "Being a disability pension due to the suspension of the contract of employment expires, get suspended from the rights and obligations, blackwells including with respect to the collection of FGTS, as long as the events that reason," blackwells the judges concluded.
Rapporteur, Minister Luiz Philippe Vieira de Mello Filho explained that Article 15, § 5, Law 8036/90 (FGTS Law) is the only deposits of social blackwells security benefit in the absence of the military service and leave the work accident. "The legislation excludes the usual requirement FGTS deposits blackwells in case of absence due to disability retirement," he said.

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