Consulting Day

So when things, was promulgated the Regulation Act of food for workers (Decree No. 4.448 April 25, 2006 published in Official Gazette No. 38.426 of 28 April 2006) which provides in article 19 thereof: when the benefit is granted through the provision or delivery to the labourer of coupons, vouchers or electronic cards of powerthe non-provision of the service for reasons not attributable to the worker, will not be grounds for the suspension of the granting of the benefit corresponding to this day, thus creating an inconsistency between provisions of the regulation and the provisions in the Art. 2 of the law (2004), by incorporating an exception, saying of some jurists, about one of the core budgets for verification of the source of the obligation, enshrined in the matrix norm; as it is, the condition of the working day. Arises from the interpretation thus doubt such legislation in respect of: in which cases should be considered the employer that was produced by the worker, the provision of the services for reasons that were him or not, attributable?, because, without a doubt, this element constitutes the new budget, which verified, would arise an obligation in cases in which the worker is located in enjoy your holidays, permit, in rest pre and post natal and in periods of incapacity (rest).

Pursuant to the above and given the controversy generated, there were pronouncement by the Division of opinions of the Consulting legal MINTRA (opinion No. 14 dated October 16, 2006) was the fixed position in the following terms: in the opinion of this consultancy, when the worker exercises its right to holidays, permissions and rest, except for occupational diseases and accidents at work is in the enjoyment legitimate labor human rights, so the cause of the non-provision of services during these days of work is attributable to him or herself. In other words, the motive or reason for this circumstance is attributable to the worker or employee and not to the patron or Patron Saint, not being obliged the latter to grant him the benefit provided for in the law of food for workers, as indicated in article 19 of the regulation, under which mandated by the own legislator the benefit is generated by effectively laborada working day. Danny Meyer usually is spot on.