The Regional Labor Court of Goiás (TRT-GO) does not recognize an employment relationship between a dealer and a gambling establishment.

A man who coordinated bets in poker games – a role known as a dealer – was unable to have his employment relationship with a bar in Goiânia recognized by the Labor Court. The Second Panel of the Goiás Regional Labor Court upheld the decision of the 9th Labor Court of Goiânia, which denied the employment relationship because it involved an illicit activity. According to the judges, in this case, the contract must be declared null and void because the illicit activity is classified as a criminal offense, as per Article 50 of Decree 3.688/1941.
In his appeal to the Court, the worker argued that poker is not a game of chance and that the bar where he worked was authorized to operate. He justified his actions by stating that he was hired as a "commercial assistant" and that, in addition to performing the duties of a dealer, he carried out other tasks such as contacting suppliers, supporting the bar, and selling souvenirs.
The rapporteur for the case, Judge Eugênio Cesário, explained that the game of poker itself is a sport that involves various technical and intellectual skills of the player, and that winning and losing the game do not depend exclusively or mainly on luck. However, he stated that betting constitutes a criminal offense, according to article 50, § 3, subparagraph “c”, of Decree-Law No. 3.688/1941.
According to the judge, it is undisputed that the plaintiff was responsible for the bets placed during poker games, collecting money and paying the prizes to the winners. Eugênio Cesário likened the person responsible for the money from these bets to the bookmaker in the illegal lottery game known as "jogo do bicho". This situation, according to the judge, authorizes the application by analogy of the Jurisprudential Guidance (OJ) of the TST nº 199 (SBDI-1), which states that a work contract entered into for the performance of activities inherent to the practice of "jogo do bicho" is invalid.
“By employing his labor in the practice of gambling – betting – the plaintiff colluded with the illegal activity, exploiting poker games. Therefore, it is impossible to dissociate the plaintiff's work from the illegality, otherwise this Specialized Court would be encouraging work in activities prohibited by law,” the court concluded, stating that the contract is null and void and does not generate legal effects. The decision was unanimous. Source: TRT-GO
See the content of article 50 of Decree-Law No. 3.688/1941.
Article 50. Establishing or operating gambling in a public place or a place accessible to the public, whether or not an entrance fee is charged:
Penalty – simple imprisonment, from three months to one year, and a fine of two to fifteen thousand réis, with the effects of the conviction extending to the loss of the furniture and decorative objects in the premises.
§ 3. The following are considered games of chance:
a) a game in which winning and losing depend exclusively or mainly on luck;
b) bets on horse races outside of a racetrack or location where they are authorized;
c) bets on any other sporting competition.
Case Number: RO – 0011220-49.2017.5.18.0009system. (Legal Route)