In a recent decision, the 8th Chamber - Fourth Panel of the Regional Labor Court of the 15th Region, with Judge Erodite Ribeiro dos Santos as rapporteur, ruled on case no. 0011433-85.2022.5.15.0034, recognizing the validity of the service contract formalized between a University and a Course Coordinator, resulting in the dismissal of the plaintiff's claims relating to the employment relationship.
The defendant, represented by the labor team at Barcellos Tucunduva Advogados, was successful in getting the court to recognize that the change in the contracting regime from a permanent employee to a legal entity was made voluntarily and without coercion on the part of the plaintiff, who was acting as Course Coordinator, and that there was no need to speak of a presumption of fraud.
In its decision, the Court pointed out that the Claimant, in a conscious and autonomous manner, opted for the contractual change, which resulted in a significant increase in his remuneration. The validity of the service contract was upheld, and the Claimant's claims for salary progression, work-related sums, moral and material damages were dismissed.
This decision reinforces the importance of free contractual stipulation in accordance with labor legislation, especially in cases involving high-level professionals such as course coordinators and university professors.
The team at Barcellos Tucunduva Advogados celebrates this important victory, which reaffirms the legality and transparency of labor contractual relations.