Have you ever heard of an employee being fired by the company they worked for? It can happen. Just as an employer can dismiss an employee for just cause, the opposite is also possible. The employee can go to the Labor Court to ask for just cause from his boss, and thus dismiss the company where he works.
According to article 483 of the Consolidation of Labor Laws (CLT), indirect termination is the name used by lawyers and judges to describe the act.
Indirect termination occurs when:
- The employee is required to perform services that are beyond his or her physical and intellectual capabilities and that cause damage to his or her health;
- There are excessive working hours, exceeding 8 hours a day or 44 hours a week, without proper overtime pay;
- The employee has to perform illegal activities or services prohibited by law;
- The employee is treated with excessive rigor;
- The employer fails to fulfill the obligations of the contract;
- The employer physically offends the employee or members of their family.
If any of the above acts occur, the employee is entitled to severance pay equivalent to that for dismissal without just cause, such as notice, vacation pay in arrears and pro-rata with a 1/3 increase, 40% indemnity on the FGTS, forms for receiving the guarantee fund and severance pay, unemployment insurance, etc.