The Sixth Panel of the Superior Labor Court (TST) ruled, in a decision published on September 8, 2026, that a medical certificate presented by a company partner was not enough to justify his absence from a virtual hearing. The document recorded lower back pain and recommended time off, but did not expressly state that he was unable to take part in the hearing.
The Panel therefore upheld the default judgment (revelia) and deemed admission (confissão ficta) applied to the company — a situation in which, with no defense presented, the other party’s allegations are presumed true. As a result, the Labor Court recognized the employment relationship of a security guard whose work card had not been signed and ordered payment of labor and severance entitlements.
In the case, neither the company’s representative nor its lawyer was present at the scheduled time of the virtual hearing; the lawyer joined 15 minutes later. The certificate was submitted only four days after the medical appointment. The 15th Regional Labor Court had noted that the document did not show the seriousness of the health issue or the impossibility of attending, and that the partner could have taken part by phone.
The decision illustrates the importance, for companies in labor proceedings, of proving any impediment to attending hearings clearly and promptly, and of ensuring that representatives and lawyers are punctual.
Informational summary prepared from the source cited. For the full content and any updates, consult the original source. This is not legal advice.
Source: TST (Tribunal Superior do Trabalho) — Agência de Notícias
