Employment

Employer wrong about this job or abandoned to hire? Know what to do

25/1/2010

Sources: Caterine da Silva Ferreira, Juliana da Silva Borges and Marcelo  Segal


"The title and salary may be others, the promised fees are no longer provided, or even the employer fails to hire or withdrawal of a job or open it decides to call another person after having agreed with the previous one," said the lawyer labor Juliana da Silva Borges.

According to labor lawyer Caterine da Silva Ferreira, the hit pre-contract may be oral or in writing, in which the parties agree to conclude a contract. "The employer says it will hire, both combine dates and values. Often the employee resigns from employment and other changes to state or city to fill the vacancy. So then the new boss is going back, "he says.

According to her, in this case there was an intention to contract, a promise of performance that has not been met. Therefore, the candidate can call the victim Justice. However, it must prove through witnesses and documents that there was a pre-contract was not fulfilled.

"Many who go through that lose business, invest in courses or conferences, buy clothes, all this investment is for the job," says Caterine.

Other situations, in her opinion, is the employer's promise that there will be health care, and commission a specific amount of salary, but in time to formalize the hiring the employee discovers that there is no committee, the worker must pay for health insurance and earnings will be lower because the job candidate has a specific course that would be essential for that function. "It changes the conditions of pre-contract that were not even in the vacancy announcement and have not been mentioned in conversation."

According to Caterine, educating the public amounts to a proposal to hire and must be met. "If the announced value can not change it," he says.
But labor lawyer warns that if the candidate signs the contract, even with the changes, it becomes harder to trigger the Court because it is assumed that he agreed with the changes.

"In the beginning is the dating, but at the time of signing the paper is the problem," he says. According Caterine, the action may be for moral and material damage.

The employer says it will hire, both combine dates and values. Often the employee resigns from employment and other changes to state or city to fill the vacancy. So then the new boss is going back ""

According to Juliana, the damage is when the candidate was deceived and frustrated saw a chance to have a job, or because at the time of recruitment was not accomplished what was agreed, or because he failed to be named to the position. Since the damage is material expenditure that the candidate had to travel, courses, examinations, rent property, among other expenses.

For Marcelo Segal, court work and author of "Decisions and Guidelines-law of TST" (Editora Impetus), you must first identify whether the promise of generating employment for the prospective employee a vested right or just an expectation of rights.

"If we understand that it is an acquired right, then that which is offered obligated to purchase, and if you do not pay a fine because it failed to fulfill its promise. For those who think so, the promise has already accepted the power to create the employment contract. On the other hand, if we accept that the job generates only an expectation for the future employee, then that would be right who offered the job to withdraw the proposal, without any compensation, "he explains.

Gain question

The judge says he has dismissed cases in which the offer was made in the document itself and subsequently confirmed, the future employee resigned from his employer, changed residence to be near the new place of work was agreed at the entrance exam, but when "H" the new boss said he had repented and apologized for the inconvenience.

The employee then went to court and claim compensation won the case. "If it is true that you can not force the employer to hire, on the other hand it can not be immune to compensation for the expenses of the employee who was sure that would be used. In such cases, compensation is required to rescue justice, since it can not irresponsibly playing with the lives of others. "

According to the judge, the compensation covers the consequential damages (what the employee spent as exams, holidays, property rent, etc.), loss of income (which he failed to win in previous job) and damage ( distress and embarrassment experienced).

He recommends that the employee join all documents on the situation - letters, emails, receipts, expenditures and tests done - and make sure the people who witnessed the events that in the future may serve as witnesses in court.

 



Source: G1

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