Post by anik4500 on Feb 25, 2024 1:57:58 GMT -6
Establishing working hours and recording time and attendance is not the eventual payment of overtime, but above all the control of attendance and recording the beginning and end of the working day, applicable to all public agents, effective or commissioned. The rapporteur, judge James Siano, verified the existence of a constitutionality defect in the rule, due to violation of articles 111 and 128 of the State Constitution, which deal with the principles of legality, impersonality, morality, publicity, reasonableness, purpose, motivation, public interest and efficiency. "Dispensing with the control of working hours does not comply with the public interest and the requirements of the service and does not bring any benefit to the local population.
Even though civil servants occupying positions in commissions or positions of trust have duties to be carried out outside the headquarters of the public department, this does not exempt the control of working hours", he stated. According to the magistrate, not even in the event of official trips or external meetings, as mentioned in the information provided by the municipality, is it possible to completely waive cont Chinese American Phone Number List rol over working hours, which must be done regularly. Siano also cited excerpts from the initial statement in which the Attorney General's Office states that there is no legal safeguard for the fundamental rights of commissioners, "other than a mere privilege incompatible with the constitutional order, which corroborates the absence of public purpose" in the contested law. Thus, the rapporteur concluded that the principles of reasonableness, purpose and public interest were violated, which requires the recognition of the text's unconstitutionality.
He also determined the establishment of a minimum daily working day for Bebedouro commissioners. "On the other hand, it is pertinent to establish a minimum daily working day for those occupying positions in commissions and positions of trust, which should not be less than the working hours of those occupying permanent positions, as the case may be", he concluded.Being part of the same economic conglomerate does not confer legitimacy on a company to propose a termination action in the place of a different legal entity. Emerson Leal/STJ Minister Ricardo Villas Bôas Cueva, rapporteur of the case at STJ Emerson Leal/STJ Thus, the 3rd Panel of the Superior Court of Justice decided that Bradesco, even unduly appointed to respond to compliance with the sentence, does not have the legitimacy to file a rescission action seeking to annul a sentence imposed on Banco do Estado do Ceará (BEC).
Even though civil servants occupying positions in commissions or positions of trust have duties to be carried out outside the headquarters of the public department, this does not exempt the control of working hours", he stated. According to the magistrate, not even in the event of official trips or external meetings, as mentioned in the information provided by the municipality, is it possible to completely waive cont Chinese American Phone Number List rol over working hours, which must be done regularly. Siano also cited excerpts from the initial statement in which the Attorney General's Office states that there is no legal safeguard for the fundamental rights of commissioners, "other than a mere privilege incompatible with the constitutional order, which corroborates the absence of public purpose" in the contested law. Thus, the rapporteur concluded that the principles of reasonableness, purpose and public interest were violated, which requires the recognition of the text's unconstitutionality.
He also determined the establishment of a minimum daily working day for Bebedouro commissioners. "On the other hand, it is pertinent to establish a minimum daily working day for those occupying positions in commissions and positions of trust, which should not be less than the working hours of those occupying permanent positions, as the case may be", he concluded.Being part of the same economic conglomerate does not confer legitimacy on a company to propose a termination action in the place of a different legal entity. Emerson Leal/STJ Minister Ricardo Villas Bôas Cueva, rapporteur of the case at STJ Emerson Leal/STJ Thus, the 3rd Panel of the Superior Court of Justice decided that Bradesco, even unduly appointed to respond to compliance with the sentence, does not have the legitimacy to file a rescission action seeking to annul a sentence imposed on Banco do Estado do Ceará (BEC).