Wineries must pay BRL 7 million per case of slave labor in RS

The Labor Public Prosecutor’s Office (MPT) informed last night (9) that it had signed a conduct adjustment term (TAC) with the Aurora, Garibaldi and Salton wineries, involved in the act of work analogous to slavery in Bento Gonçalves (RS). ), on February 22. Under the agreement, the wineries pledged to pay R$ 7 million in compensation, R$ 5 million for collective moral damages and R$ 2 million for individual damages, to be divided among those rescued. The payment deadline is 15 days from the date the list of beneficiaries is provided. “The values ​​of collective moral damage will be reverted to entities, funds or projects aimed at restoring the damage”, said the MPT. According to the investigations, the three wineries involved in the case hired outsourced labor provided by the company Fênix Serviços Administrativo, which would then have kept the workers, most of Bahian origin, in degrading conditions. Under the terms of the TAC, the wineries in Rio Grande do Sul committed themselves to the following obligations: – ensure compliance with ethical principles when hiring workers directly or outsourced; labor legislation, to use the services of disreputable recruitment companies; – guarantee and supervise areas of accommodation, living and food supply; – only contract outsourcing services with companies with economic capacity compatible with the execution of the contracted service; – supervise the measures to protect health and safety at work adopted by outsourced companies and also require and supervise the regular registration in the portfolio of all workers contracted to provide services, as well as the payment of wages and severance pay; e- promote, among other companies in the wine sector and among members of their cooperatives, awareness and guidance strategies, including seminars on good practices and compliance with legislation on labor rights and human rights, including addressing issues of safety, health and occupational medicine and work in conditions analogous to slavery. Failure to comply with each of the clauses is subject to a fine of BRL 300,000 per violation. Outsourced In a parallel decision, Judge Silvonei do Carmo, from the 2nd Labor Court of Bento Gonçalves, granted a request for an injunction made by the MPT and authorized the blocking of R$ 3 million from Pedro Augusto Oliveira de Santana, owner of Fênix Serviços Administrativos e Apoio Health Management Ltd. This is because the businessman refused to sign the TAC with the MPT. The amount was blocked in order to guarantee the payment of indemnities in case of possible criminal conviction. The company has already paid, on an emergency basis, on the day the workers are rescued, R$ 1.1 million in severance pay. Understand the case On February 22, a joint action between the Federal Highway Police (PRF), Federal Police (PF) and Ministry of Labor and Employment (MTE) rescued 207 workers who faced degrading working conditions in Bento Gonçalves, in Serra Gaúcha . The rescue took place after three workers who fled the scene contacted the PRF, in Caxias do Sul (RS), and filed a complaint. Attracted by the promise of a salary of BRL 3,000, workers reported facing delays in wage payments, physical violence, long hours and the offer of spoiled food. They also reported that, since they arrived at the beginning of the month, they were coerced to stay in the accommodation, under penalty of paying a fine for breach of the employment contract. The PF arrested a Bahian businessman responsible for the company, who was sent to the Bento Gonçalves prison. In notes, the wineries involved said they were unaware of the irregularities committed against workers recruited by the company providing outsourced services. Agência Brasil tries to contact Fênix Serviços Administrativos to comment on the decision.

Agência Brasil