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A businessman from Uberlandia, in Triangulo Mineiro, has been confiscated by the Labor Court to settle the employment claims of a former employee of his construction company, which went bankrupt a few years ago. The decision, issued approximately 10 years after the start of the process, was issued by the Ninth Commission of the Regional Labor Court (TRT-MG), which modified the ruling issued by the Fourth Labor Court of the Municipality of Minas Gerais.
The worker filed the lawsuit in 2013, but the enforced credit was not repaid in full by his former employer. Since then, several measures have been taken to force the payments, but to no avail, as one of the companies was in a state of judicial recovery and later went bankrupt.
Considering the situation, according to rapporteur Andre Schmidt de Brito, TRT-MG ended up determining that the company’s partners, Negative Pole members, had points in the airline miles program, including being part of the “Elite Black” category. . , which will be the “top” of the airline’s frequent flyer program and will require achieving a significant accumulation of points.
“Depending on the airline, these points are accumulated in different ways – purchases of airline tickets, purchases made using credit cards from certain financial institutions or directly in partner stores,” the judge said in the decision.
It was then verified that the businessman had a balance of just over 372,000 miles. After calculations, it was determined that the result was equivalent to approximately R$5,600, and as of November 8, 2021, the amount owed to the former employee was R$5,658.61.
The judge stressed that “although no amounts have been paid to the worker, and no potential assets have been found to pay the remaining balance, the partners continue to carry out significant financial transactions, to the point that they accumulate miles in the airlines’ loyalty programs.”
As a result, TRT-MG then decided to notify the airline about the points ban, thus preventing any kind of sale, use or transfer of the balance accumulated in the miles programme. If the decision is not complied with, a daily fine of R$ 100 will be paid, which must be limited to the value of the business debt.
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