When applying dismissal for just cause, many doubts, insecurities and concerns are generated, so it is important that you, as a labor lawyer, know when dismissal for just cause can effectively be applied. ???????? Click Here: https://swiy.io/Nao-Clique-Aqui Dismissal for just cause is one of the most serious forms of termination of the contract, as it takes away the employee's right to receive severance pay, which is why the employer is only authorized to dismiss the employee for just cause within the hypotheses expressly provided for in the paragraphs of article 482 of the CLT. In other words, the list in this article that describes the serious misconduct committed by the employee is exhaustive, and does not allow for other situations, except for: Due to the use of personal protective equipment, when the employee does not use or refuses to use his/her PPE correctly; When the professional driver does not perform the necessary tests and exams due to this refusal of his/her conduct. Therefore, when talking about applying dismissal for just cause, it is essential to consult the paragraphs of article 482 of the CLT. Regarding the application of dismissal for just cause, you need to understand the grounds for applying dismissal for just cause. Every time you think about this subject, three principles must be implicit in this idea so that there is no reversal of the cause: 1. Proportionality - Since just cause is the most serious penalty applied to the employee, it is necessary that the misconduct committed by the employee and the sanction applied by the employer are proportional and corresponding, assessing whether there is the possibility of applying suspension or warning, depending on the situation; a. Not all fair cause is preceded by other sanctions, everything depends on the proportionality and severity of the offense. b. Many situations depend on the production of evidence, hence the importance of an investigation, since it is an investigation that gathers evidence and grounds with the aim of a probable application of dismissal for fair cause. 2. Immediacy/Currentity - The time between the offense committed by the employee and the time spent by the employer to apply the sanction must be as quick as possible, because if there is a large time lapse, tacit forgiveness may occur; 3. Prohibition of Bis in Idem - If the employee is punished twice for the same offense committed, this situation cannot occur, as it increases the chances of conversion of the dismissal for fair cause. Therefore, when dealing with dismissal for fair cause, these three principles are fundamental to have a guide regarding the guidance given to your client regarding the matter. Do you have any questions about Labor Compliance, Auditing and Labor Practice? Leave them here in the comments, I will help you! Check out: Internal Regulations: What should they contain? • INTERNAL REGULATIONS: What should they contain? CODE OF CONDUCT AND INTERNAL REGULATIONS: What is the difference? • CODE OF CONDUCT AND INTERNAL REGULATION... Compliance for Small Businesses • LABOR COMPLIANCE for small ... TEMPORARY EMPLOYMENT CONTRACT: How does it work? • TEMPORARY EMPLOYMENT CONTRACT: How does it... Labor Audit: step by step • LABOR AUDIT: step by step Share this video: • DISMISSAL FOR JUST CAUSE: Find out how to ... Connect with me and stay up to date with everything about Labor Law Instagram: @rafaelasionek Subscribe to the Channel and leave your like to continue receiving my best content: / rafaelasionek Hugs, Rafaela Sionek #JustaCausa #aplicarjustacausa