Justice orders JBS to compensate worker infected with coronavirus in refrigerator
October 9, 2020
The Rio Grande do Sul labor court ordered meat giant JBS to pay R $ 20,000 to an employee infected with the coronavirus and recognized the disease as occupational, that is, related to the activity that ‘she was exercising.
For Judge Rodrigo Trindade de Souza, of Frederico Westphalen’s workforce, the company was unable to provide evidence to dispel the presumption that the contamination occurred at work.
The company says it does not comment on the pending lawsuits.
“The consequence is to recognize a causal link between work and illness, resulting in the responsibility of the employer,” Souza said.
The causal link can be explained as a set of factors making it possible to establish whether an accident or an illness is linked to the activity carried out by the worker.
Whether or not this relationship exists is important because of the impact on the work and social security rights of the employee who becomes ill or has an accident.
In the decision of last Tuesday (6), Rodrigo de Souza recalls the controversies surrounding the recognition of Covid-19 as an occupational disease.
In March, in Provisional Measure 927, the (non-party) Jair Bolsonaro government predicted that the contamination would only be professional when the causal link was proven, which was interpreted as shifting the responsibility to employees to prove this. relationship.
The STF (Federal Supreme Court) suspended interpretation – months later the MP lost its validity without being converted into law.
Then, at the beginning of September, the Ministry of Health issued an order including Covid-19 on the list of occupational diseases. The next morning, in an additional edition of the “Diário Oficial da União”, the measure was repealed.
“Despite the legal uncertainty created”, considers the judge, “the presumption of a causal link between Covid-19 and the work environment remains an obligation of analysis in each particular case”.
For the professor of labor law at the FMU (Faculdades Metropolitanas Unidas), Ricardo Calcini, the Rio Grande Sul decision sets a precedent for the interpretation of similar situations. “You can say that it is a paradigmatic and very well-founded decision, with the musculature necessary to create a precedent in the jurisprudence,” he says.
In the sentence, the magistrate reviewed the history of contamination in the slaughterhouses and cited the fact that the same unit – JBS Aves de Trindade do Sul – was the subject of a public civil action brought by the public prosecutor of Job.
According to Souza...