Brazilian labor courts uphold dismissals in excessive‑hours and alcohol‑consumption cases

A recent overview of Brazilian labor termination rules explains the different types of contract termination under the CLT, including notice periods, FGTS fines (40% for ordinary dismissal, 20% for mutual agreement) and the mandatory medical exit exam.

The Regional Labor Court of Rio Grande do Sul (TRT‑RS) recognized an indirect termination for a worker who regularly performed more than seven hours of overtime daily, sometimes working up to 16‑hour days and 13 consecutive days without rest. The court granted the employee severance as if the dismissal were without cause, while denying a claim for existential damage, setting a provisional compensation of R$ 40,000.

In a separate case, the same court upheld the dismissal for cause of a gas‑delivery driver who consumed alcohol while operating a vehicle loaded with gas cylinders. The court affirmed that the conduct breached trust and endangered safety, confirming the employer’s right to terminate under article 482(b) of the CLT. The employer was ordered to pay the holiday bonus and proportional vacation with the statutory one‑third addition.