Improper cancellation of a health plan generates compensation for moral damages

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Improper cancellation of a health plan violates personal rights, which creates the obligation to pay compensation for moral damages. Using this understanding, the nd Panel of the Superior Labor Court ordered a company from São José do Rio Preto (SP) to compensate R$, to a driver whose plan was canceled for almost a year after retirement due to disability. reproduction The driver had to retire because of a herniated disc In the collegiate's assessment, the suppression of the plan was illicit and psychologically damaged the former employee of Nacional Expresso Ltda. The driver was away from work for several periods due to a herniated disc of occupational origin, until his disability retirement was granted in November In his labor complaint, he alleged that in December of the same year the company excluded him from the medical-hospital assistance plan he maintained, leading him to opt for full payment of his and his wife's monthly payments, based on the Health Plans Law (Law ,/). However, in June , when he needed to take exams, he was informed that his contract had been canceled by the company. According to the driver, the suppression was arbitrary and abusive and affected his dignity.

The company, in its defense, maintained Greece Phone Number that the legislation determines that retirement due to disability results in the total suspension of the employment contract. He also argued that there was no proof that canceling the benefit would have caused harm to the retiree and that, on the other hand, there was evidence that he had not needed the plan. The lower court and the Regional Labor Court of the th Region (interior of São Paulo) rejected the claim for compensation. According to the regional court, although it could have caused the employee some discomfort, the undue cancellation, in itself, was not enough to condemn the company, and it was up to the worker to prove any extraordinary occurrence that would guarantee compensation for moral damages, which was not occurred. However, the rapporteur of the driver's review appeal, minister José Roberto Pimenta, understood that, once it was found that the cancellation was carried out improperly, the violation of personality rights was evident. "The employee found himself psychologically shaken because his and his family's access to health care was hampered," stated the rapporteur. According to the minister, moral damage, in itself, cannot be proven, as it happens within the human being, "so that it is not possible to demonstrate it materially".



Against the unanimous decision, the company filed embargoes against SDI-, which have not yet been judged. With information from the TST press offiThe employer cannot refuse to present to the Court documents relating to the employment contract of its employees on the grounds that they do not constitute evidence against itself. This was the understanding of Specialized Section of the Regional Labor Court of the th Region when denying a writ of mandamus filed by a businesswoman. Disclosure Disclosure A pizza maker's assistant had filed an action for early production of evidence against the employer. The author had her contract suspended for two periods of days due to the Covid- crisis, but she was unable to specify the beginning and end of the suspension. The union warned her that she could be entitled to a month's job guarantee, and so she requested documents from the pizzeria such as copies of contract suspension agreements, payrolls and time checks. The businesswoman did not present the documents, and so the st Labor Court of Balneário Camboriú (SC) authorized a search and seizure order, the legality of which was questioned in the writ of mandamus.