Justiça · Workplace seatingHavan Rondonopolis worker seats: Court orders R$300,000 in collective damagesEmitido 14 de novembro de 2026 às 14:23 UTCVerTranscrição0:00Haven Rundinopoulos worker seats.0:02Court orders are three hundred thousand dollars in collective damages.0:07Haven workers had to clock out and go downstairs to sit and rest.0:10A labor court has ordered the retailer to pay three hundred zero reis in collective0:15damages.0:15It also imposed continuing workplace protections for employees who work standing.0:19Why did adding chairs fail to spare Haven a damages award?0:23The court confined its findings to Haven's store in Rundan, Polis, in Brazil's Mato0:27Grosso state.0:28Substitute Labor Judge Marcia Martins Pereira signed the first instance judgment on0:32November9,2026 , in the city's first labor court within the TRT23 system.0:37The order requires accessible seats with backrests during pauses, including gaps0:41between serving customers.0:43Employees can continue performing standing tasks while having somewhere to rest when0:47work permits.0:48The requirements protect current staff and future hires.0:50The three hundred zero reis compensates collective harm from the earlier violations.0:55The judge found that employees across several departments had lost a basic workplace0:59health protection over a sustained period.1:01Despite technical recommendations and administrative action, the labor prosecutor's1:05office, known as the MPT, brought the case.1:07Its investigation followed a complaint about standing work without opportunities to1:10sit.1:11Inspectors then checked whether seats were actually available where employees needed1:15them.1:15Inspectors found no rest seats in the carpet, toys, general merchandise, bedding and1:20bath, and fitting, room departments during their July2025 visit.1:24Warehouse employees and store inspection staff also described spending their shifts1:27standing without rest seats.1:33There were seats in electronics and the package department.1:36Customer seating was intended for customers and wasn't where employees worked.1:39Cafeteria and food.1:40Court seating required workers to go downstairs and clock out.1:44That turned a short rest between tasks into part of their recorded workday break.1:47Haven't's own ergonomic analysis recommended rest seating by November2024 .1:52The July2025 inspection produced two violation notices with administrative citations1:57recorded that September.1:58Haven declined an out of court conduct.2:00Adjustment agreement on October twenty-two.2:03The judge accepted that refusal as lawful.2:05A former commercial and checkout operator described the same practical divide.2:09She worked there from October to December2024 and could sit at checkout, but had2:14nowhere to sit in the commercial department.2:15She also described no warehouse seating.2:18The court found the shortage persisted from at least October2020, four until2:22April2026.2:24Six responses collected during the inquiry split evenly.2:27Three described seats or freedom to sit during breaks.2:29Three denied seats existed or could be used.2:32The judge said different departments and different meanings of a break could explain2:35that split.2:35Haven challenged those messaging app statements as one sided, poorly identified, and2:40inconsistent.2:41It argued that seats had always existed.2:43Its professional ergonomic assessments rated standing.2:46Posture risk is low because workers moved around and could use seats.2:49It also argued that the law didn't require a personal chair at every workstation.2:53Some of Haven's own ergonomic records said there was no official pause.2:57The court rejected limiting seating to formally designated breaks.3:01Because that would exclude gaps between customers.3:03It clarified the order around accessible rest seats rather than individual chairs at3:07every standing workstation.3:08The court also relied on the physical inspection, testimony questioned in court in3:12Havin's own documents.3:14Inspector Christina Rosa Lopez testified under oath that some seats listed in the3:17company's ergonomic report weren't actually present.3:20The judge considered that she was also the official who issued the inspection3:23notices.3:24The judge corrected the hearing record to identify Lopes as a Ministry of Labor and3:28Employment Inspector.3:29The MPT was the prosecuting body.3:31Witnesses didn't describe punishment for resting, and the court's findings centered3:35on inaccessible seats in the affected departments.3:37Haven also argued that its defense rights had been restricted.3:40Two prosecution witnesses testified.3:43Prosecutors waived a third witness and testimony from Havin's representative, while3:46Haven waved its own witnesses.3:48Both sides said they had no further evidence, and the hearing closed without a3:52recorded objection.3:53The judge rejected Havin's later generic objection because the company hadn't3:56renewed its remaining evidence requests when the hearing closed.3:59Haven also received the full civil inquiry file and an opportunity to respond, but4:03identified no new material requiring a supplementary defense.4:07The judge therefore refused to reopen the defense deadline.4:10Those procedural decisions sit alongside the company's objections to the seating4:13evidence.4:14The court then credited Haven for taking corrective action within days of the4:17emergency order.4:18The MPT filed suit on April twelfth, two thousand and twenty-six.4:22After emergency court intervention, Havin's updated risk program took effect April4:26twenty-two.4:27On April twenty-three, the company submitted chair photographs and attendance4:30records showing employees had received guidance on using them.4:33Labor prosecutors acknowledged compliance at that stage while reserving further4:37checks.4:37The photographs demonstrated action after the lawsuit.4:40Other pictures showed the cafeteria, food court, and an already seated workstation.4:45They didn't demonstrate that seats had previously been available in the department's4:48inspectors identified.4:49Subscribe to this channel to follow Haven's challenge and the continuing workplace4:53requirements.4:54Haven't later compliance helped reduce the damages award, but it didn't erase the4:57earlier harm.4:58The November ruling also doesn't mean the store still lacked chairs then.5:01It makes the protections continuing, enforceable duties.5:04Haven't ergonomic analysis identified standing posture as a risk, but it's April20205:09,4 March2020 6 Risk Inventory omitted it.5:12The new program, effective April22 ,2026 .5:16Finally included it.5:17The continuing order requires that integration in future revisions too.5:20The risk management program, called the PGR, is supposed to turn assessments into5:24prevention.5:25The earlier program still carried a pending instruction to commission an ergonomic5:29assessment and hire a specialist.5:30Repeated assessments alone couldn't replace putting their findings into the system5:34used to manage workplace risks.5:36Judge Marcia Martins Pereira found harm affecting a group of workers across sales,5:40warehouse, and inspection.5:41Brazil's labor law and ergonomics rules require rest seats and risk prevention.5:45The court could enforce those protections before anyone developed a proven5:48occupational illness.5:49The judge accepted Havin's argument that every labor law breach doesn't5:53automatically justify collective damages.5:56She found this one serious because it continued across several departments despite5:59warnings.6:00She also weighed Haven's size, deterrence and its response after the problem was6:04detected.6:05Each workplace obligation carries a separate fifty zero real penalty every time a6:10breach is established.6:11Both obligations are immediately enforceable.6:13The judge declined to revoke the emergency relief, grant more compliance time, or6:17reduce that penalty after Haven said it had complied.6:20The penalty is triggered by findings of non-compliance rather than accruing daily.6:23The court can adjust future penalty amounts or frequency if they become insufficient6:27or excessive.6:28An ordinary appeal doesn't automatically suspend the two workplace duties.6:32Haven owner Luciano Hang called the outcome persecution in his public response6:36published November13.6:38He said the company had put in some chairs after notification, but was penalized6:42anyway.6:42He expressed hope that higher courts would reverse the penalty.6:45Hang also said excessive bureaucracy and legal uncertainty discourage investment.6:50The court had credited the later changes while holding Haven responsible for what6:54happened before intervention.6:55It's unclear whether Haven has filed an appeal.6:57The judgment awards three hundred zero reais in collective damages.7:00With the separate conditional fifty zero rail enforcement penalty and six zero riyes7:05in court costs.7:06Prosecutors had sought five hundred zero RIS.7:09That requested amount was also the stated value of the lawsuit.7:12The inspection evidence recorded one hundred and twenty six workers at this store7:15and more than twenty one zero company wide at that time.7:18The judge used those figures to assess proportionality.7:21The seating finding covered the affected departments, while prosecutors' allegations7:24of nationwide repetition weren't proved.7:26Prompt compliance and the lack of demonstrated illness also weighed in Haven's7:30favor.7:30The collective compensation is designated for public funds or eligible public7:34interest projects and institutions selected by the MPT with court approval.7:38Any enforcement penalties have the same kind of destination.7:42Workers haven't been promised individual shares of the award.7:44The damages receive IPCI inflation correction from the award date.7:48Statutory interest runs from filing at the S.7:50Lake rate minus IPCI.7:52With a zero floor, the judgment treats the award as compensation and specifies no7:56tax or social security contributions on it.7:59Collection of the damages generally follows final judgment.8:03The workplace protections already apply.8:05Employees doing standing jobs must retain accessible back seats for pauses between8:09tasks and customers, and Haven must carry ergonomic findings into its formal risk8:14management program.Cronologia da históriaHeyDex
