The recognition of the validity of the service provision contract, formalized between the university and the course coordinator, leads to the dismissal of a labor action requesting an employment relationship.
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, judged case number 0011433-85.2022.5.15.0034, recognizing the validity of the service provision contract formalized between a University and a Course Coordinator, resulting in the dismissal of the claimant’s demands regarding the employment relationship.
The Defendant, represented by the labor team at Barcellos Tucunduva Advogados, won by getting the Court to recognize that the change in the hiring regime from a CLT employee to a legal entity was done voluntarily and without coercion on the part of the claimant, who acted as Course Coordinator, and that there was no presumption of fraud.
In its decision, the Court highlighted that the Claimant consciously and autonomously opted for the contractual change, which resulted in a significant increase in his remuneration. The validity of the service provision contract was upheld, and the Claimant’s claims regarding salary increases, labor benefits, 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 in labor contractual relations.
