Want to know more about DISMISSAL WITHOUT CAUSE? Then you're in the right place. In this video, labor lawyer Elmar Eugênio clarifies all doubts about how dismissal for cause works, and much more information, as described in the chapters below: 0:00 Start WATCH ALSO: What are your rights in DISMISSAL WITHOUT CAUSE? • What are the rights in DISMISSAL WITHOUT JUST CAUSE... DISMISSAL FOR JUST CAUSE, beware of this TRAP • DISMISSAL FOR JUST CAUSE, beware of... #dismissalwithoutjustcause #justcause #dismissal #laborlaw #laborlawyer -------------------------------------------------- Learn more about this labor right and others here: https://www.advogadoempalmas.com.br/m... -------------------------------------------------- Follow us on social media: Facebook: / advogadotrabalhistaeprevidenciario Instagram: / elmareugenioadvocacia Website: https://www.elmareugenio.adv.br/ Website: https://www.advogadoempalmas.com.br/ WHAT IS DISMISSAL FOR JUST CAUSE? Dismissal for just cause is the possibility that the company has to dismiss an employee, if he commits some misconduct, considered serious. Although dismissal for just cause was created to ensure that the employer is not harmed by problems caused by employees, it is not the employer who decides what constitutes serious misconduct or not, but rather the law. The law indicates exactly in which situations an employee can be dismissed for just cause. WHAT DOES THE CLT SAY ABOUT DISMISSAL FOR JUST CAUSE? Article 482 of the CLT determines the reasons that authorize dismissal for just cause. They are: ACT OF IMPROBITY; INCONTINENCE OF CONDUCT OR MISCONDUCT; HABITUAL NEGOTIATION IN THE WORKPLACE; CRIMINAL CONVICTION OF THE EMPLOYEE; NEGLIGENCE IN THE PERFORMANCE OF THEIR RESPECTIVE FUNCTIONS; HABITUAL DRUNKENNESS OR ON DUTY; VIOLATION OF COMPANY SECRETS; ACT OF INDISCIPLINE OR INSUBORDINATION; ABANDONMENT OF JOB; ACT INJURY TO HONOR OR GOOD REPUTATION, OR PHYSICAL OFFENSES COMMITTED AT WORK; AGAINST ANY PERSON; CONSTANT PRACTICE OF GAMBLING; LOSS OF PROFESSIONAL QUALIFICATION In these cases, the employee may be dismissed for just cause. It must be assessed whether the reason for which the employee is being dismissed truly falls within the grounds provided for in art. 482 of the CLT, and if it is found to be applicable, other requirements must be observed, as follows: 1st REQUIREMENT - TIMELINESS AND IMMEDIATENESS: 2nd REQUIREMENT - ADEQUACY AND PROPORTIONALITY: 3rd REQUIREMENT - CASUALITY: 4th REQUIREMENT - is the PROHIBITION OF DOUBLE PUNISHMENT: For example, if the employee has already received a warning for a misconduct committed, he cannot later be dismissed for just cause for the same misconduct. When the employee is dismissed for just cause, the dismissal must be recorded in the employee's work card. However, under no circumstances may it state in the card that the reason for the dismissal was for just cause. The company must keep evidence of the facts that motivated the dismissal; It must arrange for the employee's dismissal examination to be carried out; It must indicate the date of departure and the classification of the reason for the employee's dismissal on the GFIP Collection Form; and, if applicable, it must provide the PPP to the employee; You must inform the employee about your dismissal and obtain their signature on the Just Cause Term; AND WHEN DOES AN EMPLOYEE WHO COMMITS A SERIOUS MISREPRESENTATION HAVE JOB STABILITY? Theoretically, people with temporary job stability, such as: pregnant women, safety commission members, people who have suffered an accident at work, people in military service, and people with agreed job stability, among others, should not be dismissed for just cause, but, depending on the serious misconduct committed, this stability may be lost. WHAT ARE THE RIGHTS OF AN EMPLOYEE IN THE EVENT OF DISMISSAL FOR JUST CAUSE? When we are faced with a dismissal for just cause, the employee automatically loses some labor rights, such as: Advance notice, withdrawal of the FGTS, the 40% fine, receipt of unemployment insurance, proportional vacation, and proportional 13th salary. In this case, the dismissed employee will be entitled to receive: the salary balance corresponding to the days worked before being dismissed. Expired vacation, Any amount that should have been received in previous months but that was not paid. and If the employee receives the family allowance, which is intended for low-income families, he/she will be entitled to receive the benefit in an amount proportional to the days worked. IS IT POSSIBLE TO REVERSE A DISMISSAL FOR JUST CAUSE? If the dismissal for just cause does not meet the requirements discussed in this video, the employee may request its nullity and consequently the reversal to dismissal without just cause. Once the just cause is reversed, the employee will be entitled to receive all the severance pay due in cases of dismissal without just cause.