O fato do príncipe e as relações de trabalho durante o período de pandemia da COVID-19: uma análise sobre o entendimento do tribunal regional do trabalho da 3ª região - Minas Gerais

Abstract

The COVID-19 pandemic has brought major challenges to the economy and society, resulting in labor claims regarding who should bear the cost of indemnities upon termination of employment contracts. This research analyzes the concepts of force majeure and " fact of the prince" in employment relations and how these definitions reach the courts, especially the Tribunal Regional do Trabalho da 3ª Região (TRT 3), to support decisions on the responsibility of the Public Authority for paying severance pay upon termination of employment contracts due to COVID-19 from March 2020. Jurisprudential production on the subject became more abundant following the publication of Provisional Measure 927. 247 judgments were found by TRT 3 between July 7, 2020 and April 13, 2023. Most of the judgments address contractual termination and its consequences, with requests for holding the Public Authority responsible for the rightful severance pay of employees, or even judgments in which defendants request a reduction in fines or severance pay based on the application of Article 486 of the Consolidated Labor Laws. Overall, the research suggests that jurisprudence has maintained the responsibility of employers for the payment of severance pay, even in situations arising from the pandemic."