The delimitation of the activities of banking correspondents has returned to legal debate with a unanimous decision by the 17th Panel of the Regional Labor Court of the 2nd Region. The panel rejected the request for recognition of an employment relationship between a saleswoman and a financial institution, denying her classification as a bank employee and, consequently, access to the normative benefits of the class. The case reinforces the understanding that the mere commercialization of financial products, in itself, does not transform the nature of the employment relationship when autonomy between the companies is preserved.

In the case in question, the employee claimed that, because she prospected clients and sold loans on behalf of the bank, she should be considered a bank employee. However, the evidence presented demonstrated that her duties were ancillary in nature. It was proven that the professional did not have the autonomy to approve transactions—a task restricted to the institution's credit desk—and did not even handle cash. These factors, combined with the lack of direct subordination to bank employees, were decisive in the court rejecting the "sole employer" argument.

The rapporteur of the judgment, Judge Catarina von Zuben, highlighted that the saleswoman's role was limited to offering products under pre-established rates, reporting exclusively to the sales promotion company that hired her. For the Court, the fact that the actual employer is a duly constituted service provider with its own hierarchy invalidates the attempt at equalization. Thus, the decision upheld the dismissal of the claim, following a line of rulings that seek to provide greater legal certainty to outsourcing relationships in the financial sector.

This ruling serves as an important warning for both companies and workers. For institutions and their agents, it reinforces the need to maintain a well-defined administrative and hierarchical management structure. For professionals, it highlights that being classified as a bank employee requires proof of direct subordination and the performance of activities typical of banking routines, going far beyond mere commercial credit intermediation.