The security guard filed the labor complaint with the request for recognition of the employment relationship with Interplay Jogos Eletrônicos for a year. In defense, the bingo hall owner said that the security guard was of legal age and knew that the activity was illegal. He also argued that the employment contract that has as object the exploitation of the bingo game is null and void.
The case was judged by the 12th Labor Court of Manaus, which dismissed the employee's claim. But the sentence was overturned by the 11th Region Regional Labor Court (AM / RO), which ordered the employer to pay security compensation equivalent to a valid contract termination. From the witness evidence, the TRT found that the security officer had worked for the establishment on a regular, subordinate and remuneration basis.
The rapporteur, Minister Agra Belmonte, noted that according to TST jurisprudence, when an employer's activity is unlawful, there is no employment contract. This is the case, for example, of operators of ‘jogo do bicho’, whose service is inherent to illegal activity. However, he explained that there are cases where, despite the illegality of the business, the service provided does not directly concern its development. "It's the case of security guards, concierges or waiters who are casually working in an illegal establishment, but who could perfectly well do the same work in lawful places," he said.
To the rapporteur, to deny the protection of the right to these workers would be unfair before the legal order, because it would correspond to benefit the businessman who acts illegally, denying honest people their labor rights. "The employer cannot benefit from his own illegal activity so as not to meet labor obligations," he concluded.
The decision was unanimous.
Source: GMB/ DireitoNet
