TST turns down Botafogo’s appeal in row with coach Vagner Mancini | OneFootball

The Fifth Chamber of the Superior Labor Court (TST) upheld the decision that invalidated the image contract signed between coach Vagner Mancini and Botafogo, recognizing that the amounts paid by the club had a salary nature. The Rio de Janeiro club had filed an appeal on the matter.

The court concluded that there was no effective exploitation of the coach's image in advertising campaigns or media, which characterizes contractual simulation. Thus, the payments made by Botafogo under the title of “image rights” are now part of Vagner Mancini's salary, reflecting, therefore, in the obligations of the Rio de Janeiro team such as vacation, 13th salary, and other labor rights.

Mancini vs. Botafogo: contract values

According to the process, the coach was hired in 2014 with a remuneration of R$ 220,000 and an additional R$ 170,000 related to the image rights. The Regional Labor Court of the 1st Region (RJ) and the TST understood that the agreement was used to reduce labor charges.

The case's rapporteur, Minister Morgana de Almeida Richa, stated that it is up to the employer to prove the exploitation of the professional's image and that it is unreasonable to require the worker to provide a “negative proof” of something that did not occur.

With the decision, Botafogo will have to recalculate the amounts owed to Mancini based on the incorporation of the amount into the salary.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.