The 5th Panel of the Superior Labor Court (TST) unanimously validated a collective agreement clause that exempts employees with a higher education degree from the obligation to record their time. The decision was handed down in Proceeding RR-1000256-45.2020.5.02.0046. 

The case involved an engineer who claimed to have worked unpaid overtime and also requested compensation for existential damages. The company, in turn, presented a clause provided for in the collective agreement that excluded control over working hours for employees with higher education, with a working day of up to eight hours and a week of 44 hours.  

The reporting minister, Morgana Richa, based her vote on the understanding established by the Federal Supreme Court in Theme 1,046 of General Repercussion, according to which:  

“Collective labor agreements and conventions that agree on limitations or exclusion of labor rights are constitutional, as long as they are not related to absolutely unavailable rights.”  

Based on this precedent, the Panel concluded that the collective clause does not violate the Constitution, nor does it represent a waiver of an essential worker's right, and is fully valid. Since the engineer did not present effective proof of overtime work, the claims were dismissed.  

This decision consolidates the legal security of collective agreements and conventions as legitimate instruments for making labor relations more flexible, valuing collective autonomy and negotiation between companies and unions.  

The Mazzucco e Mello Labor Law firm has extensive experience in advising companies on formulating collective agreements and conventions that respect legal limits and meet the strategic interests of the business.