Burger King in São Paulo Fined R$1 million for Violating Working Hours Restrictions

RIO DE JANEIRO, BRAZIL – After being convicted by the Araraquara labor court for imposing abusive working hours on its employees, Brazil’s BK – in charge of Burger King fast-food chain operations in the country – appealed the decision and was again found guilty.

This time, the Regional Labor Court of the 15th Region (TRT-15) upheld the conviction handed down by the 3rd Labor Court of Araraquara and decided on the payment of R$1 million (US$200,000) within five days from the publication of the decision. According to the Prosecutor’s Office, the chain’s employees in Araraquara had to work seven to eight extra hours a day.

In addition to the excessive hours worked, the inquiry found that Burger King routinely suppressed employees’ weekly paid rest day, so employees were forced to work seven or more consecutive days with no day off.

“The damage to workers’ health is aggravated by the fact that most of Burger King’s fast food cafeteria employees are young, many of them of school age and still in a stage of physical and psychological development, having less resistance to bear the detrimental impact of excessive work and lack of rest,” says prosecutor Rafael de Araújo Gomes.

At the time of the civil lawsuit, in 2017, Brazil’s BK had annual revenues of R$648.8 million and a profit of R$48.5 million in 2019, according to the Labor Prosecutor’s Office. The ruling determines that the company must comply with a number of obligations related to the working day. However, the list of demands entails basic practices of observance to employees’ working hours.

These include ceasing to extend its employees’ working hours beyond the two-hour legal limit; ensuring that workers take paid weekly rest, in such a way that they do not work seven or more consecutive days; ceasing to routinely enforce overtime (those completed three or more weeks in a month); and granting a rest break of at least one hour for employees who work over six hours a day.

“Most employees worked overtime virtually every day, routinely, overwhelming evidence that the company kept its staff below the minimum required, preferring to overload the employees they had with long hours rather than hire more,” says the prosecutor.

However, with the appeal, Burger King managed to reduce the amount of the fine for non-compliance with obligations, from R$5 thousand to R$1 thousand, multiplied by the number of workers affected in each case. On the other hand, the Prosecutor’s Office succeeded in having the compensation paid within five days rather than when the company has exhausted its appeals.

The company also succeeded in reducing the scope of the Court’s ruling. Previously, it was applicable to the entire Brazilian territory. Now it is applicable only to the state of São Paulo. Brazil’s BK may still appeal to the Superior Labor Court (TST). And it said it will do so.

In a note, Brazil’s BK said it will appeal the decision and that, “at the end of the proceedings, it will comply with any and all rulings issued by the relevant judicial bodies.” The company further said that “it respects the most appropriate working conditions for its employees and complies with current legislation.”

Source: Estadão Conteúdo