Justiça obriga Fundesport a indenizar trabalhadores pelo FGTS não pago
Sentença determina que Fundação esportiva de Araraquara pague os valores equivalentes a verbas fundiárias não depositadas de pessoas que prestaram serviços a partir de 1988
A Fundação de Amparo ao Esporte do Município de Araraquara (Fundesport) foi condenada pela 3ª Vara do Trabalho de Araraquara a pagar indenizações equivalentes aos depósitos devidos do FGTS de todas as pessoas que lhe prestaram serviços sem registro em carteira de trabalho a partir de 1988, ano de promulgação da Constituição Federal, incluindo professores e monitores do programa “Adote um Atleta”. Os funcionários contratados em 2012 receberão um salário mínimo como verba indenizatória, sejam eles registrados em carteira ou não. A sentença atende aos pedidos feitos em ação civil pública pelo Ministério Público do Trabalho em Araraquara.
A juíza Tânia Aparecida Claro afirmou que a conduta da ré violou o artigo 37, inciso II, da Constituição Federal, o que “impõe o reconhecimento da nulidade das contratações”. “É pacífico o entendimento jurisprudencial no sentido de que os obreiros assim admitidos fazem jus ao pagamento da contraprestação pactuada em relação ao número de horas trabalhadas, com base no salário mínimo, bem como aos valores referentes aos depósitos do FGTS”, esclarece a magistrada, com citação à Súmula nº 363, do Tribunal Superior do Trabalho.
Contudo, a decisão não reconhece a responsabilidade da prefeitura de Araraquara no ilícito, extinguindo, sem resolução de mérito, os pedidos feitos contra o Município. Segundo argumento apresentado pela juíza, “o fato da primeira ré (Fundesport) utilizar-se de estabelecimentos do segundo réu (Município) para o exercício de suas atividades não implica em uma não diferenciação entre as entidades, tendo em vista que os serviços prestados pela Fundesport são dirigidos a toda a comunidade do município”.
A Fundesport arcará com custas processuais no valor de R$ 50 mil. Cabe recurso da decisão ao Tribunal Regional do Trabalho de Campinas.
Histórico – o MPT ingressou com ação civil pública contra a Fundesport e o Município de Araraquara em novembro do ano passado, pedindo o fim imediato das fraudes no programa “Adote um Atleta”, mantido como campanha que supostamente incentiva o esporte amador na cidade.
Segundo inquérito conduzido pelo procurador Rafael de Araújo Gomes, os profissionais de educação física que lecionam em escolinhas de esportes municipais (professores e monitores) são contratados sem registro em carteira e com salários pagos habitualmente em atraso. Segundo a Fundesport, trata-se de “atletas amadores” que assinaram termo de adesão ao programa, e não de funcionários da prefeitura, já que não lhes prestaria serviços, apenas realizariam atividades esportivas.
Em depoimentos tomados pelo MPT, contudo, a fraude foi desmascarada: os profissionais são contratados informalmente para dar aulas nas unidades do Município, e sofrem todos os meses com atrasos salariais. Há relatos de salários que estão sem pagamento há mais de um ano. A prefeitura os manteve com registro em carteira no ano passado por apenas 7 meses, como trabalhadores temporários. Depois disso, voltou a cometer a fraude que, segundo os próprios contratados, vem sendo mantida pelo ente público por mais de uma década, mediante renovações anuais dos “termos de adesão”.
Além da contratação informal, a prefeitura ainda mantém nos quadros do Município professores que não foram previamente aprovados em concurso público, o que vai contra os ditames da Constituição Federal.
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Aqueles que compõem a comissão técnica das equipes esportivas de competição mantidas pelo Município serão nomeados para cargos em comissão, desempenhando funções de chefia e direção de equipes, vinculados à Secretaria Municipal de Esporte. Um projeto de lei para a criação desses cargos deve ser apresentado pelo Executivo à Câmara Municipal.
As partes não chegaram a um acordo quanto ao pagamento de salários atrasados e quanto ao pagamento de indenização relativa ao FGTS não recolhido dos professores que trabalhavam na Fundesport, contratados fraudulentamente, como se atletas fossem. No entendimento do MPT, todos os funcionários, que trabalham ou já trabalharam nas escolinhas têm direito a essa verba, conforme jurisprudência do Tribunal Superior do Trabalho. Por isso, a ação civil pública continuou em trâmite na 3ª Vara do Trabalho de Araraquara, até ser julgado o mérito do processo, condenando a Fundação às obrigações que ficaram fora do acordo.
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이러한 좋은 정보는 항상 감사드립니다 아시죠?
저도 똑같이 나눠드리고 싶은데요 정말 감사드리고싶습니다.
혹시 이쁜 여자 찾는 거 누구나 궁굼해햐는 이러한 좋은 정보를 제가 나눠드리겠습니다.
저를 한번 믿고 그냥 따라와주세요!