You can't be fired for being sick... but you need to understand exactly how it works. This video is a definitive guide, with everything you need to know about firing an employee while sick. My name is Allan Manoel, I'm a lawyer specializing in labor law and in this video I'll bring you as much information as possible about being fired while sick. ???? Want to talk to us? Our contact page is https://bit.ly/3QpoW4X Our WhatsApp is: (85) 99689-3820. --------------------------------------------------------------------------- Watch other videos: ???? What to do when you're fired while sick - • Were you FIRED WHILE SICK? Find out what to do. ???? How to prove that the illness was acquired at work? • How to prove that the illness was acqui... ???? Who is entitled to compensation for an occupational illness? • Video --------------------------------------------------------------------------- Video chapters: 00:00 - Can I be fired while sick? 02:20 - First we need to understand the origin of the illness 02:60 - I got sick because of work, can I be fired? 03:15 - What does the law say about this? 06:30 - What does the court say about job security 07:17 - Do people who did not receive B91 have job security? 08:19 - Can I be fired when I return from INSS with B31? 08:50 - Can I be fired after 12 months? 10:00 - What if the illness is not related to work? 10:35 - You cannot be fired during the sick leave 11:00 - Can I be fired when I return from the sick leave? 12:38 - Cases in which the company has to prove that it did not fire anyone because of the illness 16:12 - Can I be fired during the INSS leave? 17:00 - Can I be fired during medical treatment? Are you sick and were fired? Or are you afraid that this will happen? In this video, I'm going to show you EVERYTHING you need to know about being fired while sick. First of all, when someone asks me if you can be fired while sick, the short and simple answer is no, you can't be fired while sick... However, things aren't that simple. There are some rules you need to know. The first one is in article 118 of Law 8,213, which states: Art. 118. The insured person who has suffered an accident at work is guaranteed, for a minimum period of twelve months, the maintenance of his/her employment contract with the company, after the cessation of the accident-related sickness benefit, regardless of the receipt of accident-related benefit. In the book, I explain this article better, but what you need to know is that the law states that to be protected against dismissal, you must have been away from work through the INSS and received the Accident-related Sickness Benefit (B91). There is an exception to this rule, which is in item 2 of Summary 378 of the Superior Labor Court, which I explained in the video. This exception applies to those who were not on leave due to the INSS or who did not obtain the B91. All of these situations apply to those who became ill because of work... If your illness is not related to work, the situation may be a little more delicate. In this situation, the company basically cannot fire you during your sick leave or INSS leave. Another situation would be when you were fired in a discriminatory manner, simply because you were sick... this cannot happen either. The problem is that you will need to prove that this happened. The last situation in which you may be protected by having an illness not related to work is when you are fired during treatment... --------------------------------------------------------------------------- ???? We are a Law Firm specialized in employee defense. Our goal is to empower workers through knowledge and thus prevent them from being taken advantage of by their employers. --------------------------------------------------------------------------- ???? Want to know if we are trustworthy? Our CNPJ is 45.567.804/0001-05 and our headquarters are located at Rua Silva Jatahy, 15, room 604, Meireles, Fortaleza/CE. --------------------------------------------------------------------------- Want more valuable content? ???? Our blog: https://www.mdn.adv.br/blog ???? Dr. Allan's Instagram: / allanmanoel ???? Office Instagram: / mdnadv