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Changes in health plan costs set forth in group rules are valid

Changes in health plan costs set forth in group rules are valid

Combined, they are not expensive

The Ninth Commission of the TRT of the Second District affirmed the ruling and deemed the change in the form of funding for the health plan for a former postal employee legitimate. The employee retained her right to the benefit after joining a severance incentive plan (PDI), but the insurance was no longer free and began requiring a monthly fee and specific co-participation in collective bargaining.


After her request was initially rejected, the woman appealed, demanding that the charges be stopped and that double the amounts paid as health assistance be returned. To this end, he said, Article 468 of the Unification of Labor Laws prohibits making harmful changes to the terms of the employment contract, on pain of invalidity.

According to rapporteur Bianca Bastos, the legal text did not apply because the change was not unilateral, but mediated by the Supreme Labor Court. She adds that although the benefit was initially determined by internal rules, the provision replicated in collective agreements allows for modification, “since there are no rights acquired within the scope of commercial relations.”

Another request from the professional, which was also unsuccessful, was to reinstate her at her job, where she was to join PDI on the condition of maintaining health insurance. With the charge, according to the employee, the agreed dismissal will be null and void.

For the course, remaining on PDI does not mean maintaining the same benefits funding conditions. The same document actually stated that health plan continuation would be “in accordance with the provisions of the employee handbook and applicable collective agreement or standard sentence.” With information from TRT-2 Advisory.

Process 1001267-44.2022.5.02.0064

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