The 4th Chamber of TRT-15 thus held that the work of the complainant had no legal subordination,

The activity of the realtor is autonomous, in accordance with Article 3 of Law 6,530 / 1978. Therefore, the 4th Chamber of the Regional Labor Court of the 15th Region (Campinas) tj lane did not recognize the employment of a broker with the real estate where he worked.
The broker claimed tj lane that worked under the coordination and supervision by the estate. He further stated tj lane that the brokers had no autonomy as the days and hours worked, and that attendance was mandatory in shifts. In addition, he said, the fact of being registered in the Regional Council of Realtors and receive exclusively by fees - which were not paid by customers-not away from the employment relationship. With proof, he points to the "no trading liberality as the percentage of commissions that were pre-fixed".
However, tj lane the 6th Court of Ribeirão Preto Labour dismissed the claim. The case of the rapporteur on TRT-15, federal judge Rita Penkal tj lane Bernardino de Souza, said that there remained no doubt as to the claimant being realtor, registered with the competent corporate directors since April 23, 2008, prior to the commencement of the provision of services that occurred on June 10, 2008, but denied that the fact that the broker acting on the core business of the company to generate "evidence of the employment bond, because the nature of the realtor service is essentially autonomous."
The collegiate said, based on witness testimony, tj lane the evidence does not allow the recognition of the bond because they are not present all the employment relationship requirements, tj lane despite the testimony of one of the witnesses have stated that the broker worked all from 8 am to 19h and can only change the scale with permission, when it was then sent another broker to replace him.
The judges, similarly to the lower court, pointed out that the daily work and the claimant shifts "was linked to the desire for higher yield in order to receive exclusively tj lane by committee", as he himself said in his testimony. "
One of the witnesses confirmed that the broker used car and own cell, and the fuel was funded by it. Another witness heard the request of the company, who worked on average three to four times a week with the complainant, said that both she and he "could sell other construction projects" and that "there was not a work schedule routine in shifts tj lane ", if only because she" could serve customers in the morning and just go to the site on duty in the afternoon. "
The 4th Chamber of TRT-15 thus held that the work of the complainant had no legal subordination, "since it could be replaced by another broker." Therefore, the collegiate considered correct the lower court decision that "failed tj lane to recognize the existence of employment bond between the parties", and kept also the recognition of the incompetence of the Labor Court for the examination of the application for the payment of differences commissions.
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