The union of bank workers in Campo Grande MS and the region on Friday, 21, won an injunction preventing Santander from opening bank branches on Saturday (22). The decision was made by the Sixth Labor Court of Campo Grande, and is valid for all bank employees at the base of the union entity.
In the decision, Labor Judge Nadia Bellisari highlighted the following: “There are no exceptions that justify deviation from the rule of Art. 1 of Law 4.178 / 62, as well as the exposure of clients and employees to the full exacerbation of the COVID-19 pandemic.” the art. 1 of Law 4178/62 is comprehensive in proving that “credit institutions will not work on Saturdays, on external or internal hours”
The order specifies that Banco Santander “refuses to open its branches on Saturday, 1/22/2022, or on any other Saturday without justification as an exception, under pain of a fine of R$10,000 for each worker active on the Saturday.”
The decision came as a result of a public civil lawsuit promoted by the Union of Bank Employees in Campo Grand MS and the region and administered by attorney Occlecio Asunção Jr., of the office of Assunção Advocacia, which provides legal advice to the union.
The purpose of the suit was to stop the lack of respect for banking class hours and the increased risk of contamination by Covid-19, mainly due to the Ômicron variant, and due to H3N2 influenza.
We have taken this action to protect the health and rights of the Bank’s employees. The law is clear about the working hours of bank employees, from six hours from Monday to Friday, as well as about the work of financial institutions. Santander announced the opening of its branches on Saturday, amid the spread of cases of Covid and Influenza, without consulting the representatives of the category,” as highlights the head of SEEBCG-MS, Naidi Rodrigues.
As the Spanish bank announced, branches will operate on Saturday (22), from 10 am to 2 pm (Brazilian time), across the country, to serve the “Desendivida Santander” campaign.
In addition to calling for work on Saturday, during the pandemic, the bank still refused to pay overtime, citing methodological difficulties. The position of the bank violates the rights of the category. It is irresponsible act and disregard for workers. “We cannot accept that this is happening,” said Nedeh Rodriguez.
What is the opinion of the law?
Law 7430 of the CLT (Consolidation of Labor Laws) is specified, pursuant to Section 224, with regard to the hours of work of bank employees: “The normal duration of employees in banks, houses of banks and Caixa Econômica Federal will be 6 (six) continuous hours on working days, excluding Saturdays, totaling 30 hours of work per week.
In addition, Law 4178/1962 prohibits the work of financial institutions on Saturdays. On these days, work is only permitted by collective agreements with unions.
Bank workers unions across the country are taking legal action to prevent the opening of branches. The Confederation of Employees of Financial Institutions in Santa Catarina and the unions of bank workers in Rio Claro, the province of Baixada Fluminense, Sergipe, Bahia, Ciara and Paraíba also obtained injunctions preventing the opening of branches of Bank Santander. 22) in the cities that make up the entity base.
By: SEEBCG-MS Communications Office
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