Job Abandonment: Understand Your Rights

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Published on Apr 23, 2024

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Hello everyone! Welcome back to our channel. Today, we are going to address an important and often misunderstood topic: job abandonment. What does it mean, what are the consequences, and how can you prevent it from happening to you or your employees? Keep watching to get all the answers! What is Job Abandonment? Job abandonment occurs when an employee fails to show up for work for an extended period of time, without any justification or communication with the employer. This is considered a breach of contract and can have serious legal implications. Consequences of Job Abandonment: 1. Termination for Just Cause: The employer has the right to terminate the employment contract for just cause due to abandonment, which implies the loss of labor rights, such as advance notice and FGTS fine. 2. Payment of Severance Pay: The employee who abandons the job is not entitled to receive advance notice, proportional 13th salary and proportional vacation, among others. 3. Recording in Employment History: Employment abandonment is recorded in the employee's employment record, which may jeopardize future employment opportunities. How to Avoid Employment Abandonment: 1. Communication: If you are facing personal problems that affect your presence at work, communicate with your employer as soon as possible to find solutions. 2. Leave and Vacation: Use scheduled leave or vacation for periods when you need to be absent. 3. Negotiation: If the company is going through difficulties and needs to reduce wages or benefits, negotiate with employers or the union before making a drastic decision. 4. Request for Resignation: If you no longer wish to work for the company, it is preferable to request a formal resignation, which preserves your rights. The TST has already addressed the matter in the Summary below: Summary nº 32 of the TST ABANDONMENT OF JOB (new wording) - Res. 121/2003, DJ 19, 20 and 21.11.2003 Abandonment of employment is presumed if the employee does not return to work within 30 (thirty) days after the cessation of the social security benefit nor justify the reason for not doing so. Furthermore, the CLT is clear in providing: Art. 482 - The following constitute just cause for termination of the employment contract by the employer: i) abandonment of employment; Conclusion: Abandonment of employment is a delicate situation and can have serious consequences for both the employee and the employer. Open communication and the search for solutions are essential to avoid this problem. I hope this video was enlightening. If you liked the content, don't forget to like it, share it with friends and coworkers, and subscribe to the channel for more information on labor rights and work-related issues. See you next time! #jobabandonment #laborlaw #workerlaw ✔Subscribe to the channel and receive new videos weekly! ✔Leave your comment and share it with friends! Instagram: @gpadvogados / gpadvogados Facebook: / gustavopascoaladvogados Contact: [email protected]

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