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Employment

Was fired? Learn what your rights

This article was translated by an automatic translation system, and was therefore not reviewed by people.


Data from the federal government show that the international financial crisis has caused a wave of layoffs across the country. Because of that, the G1 prepared list with the rights of the employee in case of dismissal without just cause in each of the methods of recruitment provided by law.

The employee resigned, according to the law, has two years from the date of resignation to enter complaint with court, but the complaints are limited to events of the past five years of work.

Labor law in DISMISSAL
CONTRACT CONVENTIONAL
What is it?
Conventional contract-based Consolidation of Labor Laws (CLT) for an indefinite period
Rights
- Notice (or be provided with 30 days or receive salary equivalent to 30 days)
- 13 proportional
- Holiday proportional
- Release of FGTS plus fine of 40%
- Balance of salary (in days worked per month)
- Unemployment insurance-if you have more than six months of work
Specified period
What is it?
Contract work based on the Consolidation of Labor Laws (CLT) for time. May be renewed once, but the total working time may not exceed two years. If you pass this time, the contract worth as if it were for an indefinite period. Applies to companies that have growth of temporary work
Rights
- 13 proportional
- Holiday proportional
- Balance of salary (in days worked per month)
- Compensation of 50% of days missing to the end of the contract (the compensation may vary according to the convention of collective category, some categories, for example, provide for indemnification of all days missing)
- Unemployment insurance-if you have more than six months. There is no point for those who completed the whole period of employment, who was released only to the deadline
TEMPORARY
What is it?
Contract work based on the 6019 law that allows hiring for 90 days, extendable for another 90 days, and the extension must be notified by the Ministry of Labor. Only applies to replacement of staff on holiday or business licenses and to make growth of temporary work
 
Rights

- 13 proportional
- Holiday proportional
- Balance of salary (in days worked per month)
- Compensation of 50% of days missing to the end of the contract (the compensation may vary according to the convention of collective category, some categories, for example, provide for indemnification of all days missing)
Note The workers hired under the CLT (a fixed or indefinite period) are entitled to compensation of 50% of days missing to the end of the experiment are removed before this period


Collective agreements

The lawyer Silvia Maria Munari Bridges of Trevisioli Advogados Associados, explains that the labor rights generally apply to workers, but there is classes that provide differentiated rights in the collective agreement.

"The metal and banking, for example, have expanded rights in their collective agreements. In such cases, what counts is the union agreement."

Punishment to the company

According to labor lawyer Cristiane Haika of PLKC Lawyers in the case of employment contracts for a fixed and temporary, which are an alternative to conventional contract for an indefinite period, the companies must provide evidence of increased production or vacation officials.

"If the company does not prove the situation, may be fined by the Ministry of Labor or processed by the employee," he says.

The director of the Brazilian Association of Business Services Terceirizáveis and Temporary Employment (Asserttem), Jismalia Oliveira Alves, said that in times of crisis, the work easier for the employer, to be more flexible, but she does not believe in sport as a mockery of the CLT.

"This is a responsibility of the policyholder (employer). If he means illegal use of temporary work, must answer for that."




Source: G1

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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