Labor Court applies foreign law to worker on an international vessel

The 7th Panel of the Regional Labor Court of the 2nd Region (TRT‑2) overturned a lower‑court ruling and decided that a Brazilian employee hired abroad to work on a foreign cruise ship in international waters is subject to the legislation of the country whose flag the vessel flies — not to Brazilian law. The case involved a crew member hired to work on a ship registered under the flag of Malta.
“The application of the legislation of each country where the worker happened to be engaged would create unjustifiable asymmetries within the same work environment,” emphasized the judge, Celso Ricardo Peel Furtado de Oliveira.
The judge based his vote on ILO Convention No. 186, which establishes rights and decent working conditions for the maritime sector and determines the application of the law of the country where the ship is registered (the “Flag State” principle). According to the judge, the convention applies to the case because the employment contract began after the convention entered into force in Brazil.
He further stated that a contrary interpretation would violate Article 178 of the Federal Constitution, as already decided by the Federal Supreme Court (STF) in Theme 210. In that ruling, the STF held that, in cases of international transportation, foreign agreements specifically designed for that subject matter prevail over Brazilian domestic law.
As a result, the claims brought in the action were dismissed, and the claimant was ordered to pay attorney’s fees due to losing the case. However, payment is suspended pursuant to paragraph 4 of Article 791‑A of the Consolidation of Labor Laws (CLT), which governs beneficiaries of legal aid.
The case is still pending judgment of motions for clarification.
Source: https://bit.ly/4pqhvtb