Check out what can lead to dismissal for just cause

This is the only type of dismissal that must be justified at the time of dismissal. Common shutdown does not require a reason and can be done at any time. A decision by the Labor Court in Espírito Santo confirmed the dismissal of a pregnant woman -who is stable- for just cause and raised controversy.

Among the rights that are lost when being fired in this way are the withdrawal of the FGTS (Service Time Guarantee Fund) and the 40% fine on the fund, vacation and 13th proportional benefits and advance notice.

If you have worked for less than a year, the losses are greater, as the employee will only have the balance of his salary and family allowance, if applicable. Anyone who has been with the company for more than a year gets at least the balance of their salary, proportional vacations (including accrued vacations) and family allowance.

Labor lawyer Rebecca Paranaguá Fraga, from the firm Bento Muniz Advocacia, states that dismissal for just cause requires "robust proof" of the misconduct committed. As it is the most serious punishment provided for the worker, the application must take into account the severity of the act, the proportionality of the penalty and, depending on the case, the employee's disciplinary history.

The existence of one of the situations provided for in article 482 of the CLT does not mean that the dismissal will be automatically considered valid. According to the lawyer, each case needs to be analyzed concretely and it is up to the employer to prove both the occurrence of the misconduct and its severity.

Among the hypotheses provided for in the legislation are acts of improbity, such as theft and fraud, harassment and robbery, among others.

Lawyer Alessandro Vietri, from Salles Nogueira Advogados, states that the Labor Court also requires a series of requirements to recognize the validity of the just cause. According to him, the punishment must be applied as soon as possible, otherwise, it can be understood that there has been forgiveness.* CAN A PREGNANT WOMAN BE FIRED FOR JUST CAUSE?Yes. The pregnant woman has job stability from the confirmation of pregnancy until five months after giving birth, but this protection does not prevent the application of just cause when there is proven serious misconduct. Stability prevents arbitrary dismissal or dismissal without just cause. It does not, however, work as a protection against any shutdown. This is what happened in the case of a pregnant worker from Vitória (ES). She stopped attending work for more than 70 days after being considered able to return to work. The company presented messages calling on her to return, and the Court considered that her job had been abandoned. The worker can still appeal to the TST (Superior Labor Court).

WHAT CAN LEAD TO JUST CAUSE? The CLT foresees different situations. Among the main ones are:

Not following orders - Technically called an "act of insubordination", it is the attitude of failing to comply with orders - Failure to comply does not only need to be an order from the main boss, but from other superiors as well - The employee cannot refuse to do what is asked, unless they are unethical, immoral or illegal actions

Improbity - Actions considered dishonest are more common and easier to identify - Using a corporate card incorrectly or making a mistake when proving expenses that will be reimbursed are serious misconduct - There are more complicated cases, such as when the employee favors a certain company so that he can obtain some personal advantage from it, or when he is accused of fraud, theft or theft, for example

Competing with the company itself - The worker learns the service developed by that company and begins to offer it on the outside, for a lower price. The attitude is considered serious Criminal conviction where no further appeals are available - If you are convicted of a crime and no further appeals are available, that is, the action becomes final, the employer may dismiss the employee for just cause

Disclosure of company secrets - Employees disclosing technical information and photos of products or the work environment are common today on the internet; This attitude, however, can lead to just cause - There are even cases in which professionals reveal secrets in job interviews with competitors, to try to get a better job.

Idleness - Called "idleness" in the law, the attitude of being idle, lazy and procrastinating at work gives just cause - This occurs, for example, when the employee fails to perform their tasks adequately, and then has to stay extra at work to meet deadlines and targets, requiring overtime pay

Offenses - Verbal and physical offenses are unforgivable, therefore, jokes between colleagues must have limits

DOES THE COMPANY NEED TO GIVE WARNING PRIOR TO JUST CAUSE? Not necessarily. The application of just cause must observe the seriousness of the error and whether the punishment is proportionate to it. In less serious situations, a sequence of warnings and suspensions may be relevant to demonstrate the gradation of penalties. But an offense considered sufficiently serious may justify immediate dismissal, without the company necessarily needing to issue a warning first. Factors such as the context of the conduct, the worker's history and the existence of evidence are also analyzed.

CAN THE COMPANY FIRM FOR SOMETHING THAT HAPPENED A LONG TIME AGO? The punishment must occur within a period compatible with the offense committed. The employer's unjustified delay in applying the penalty can be considered an indication of tacit forgiveness. Therefore, the company should not wait indefinitely to punish a fault that it already knows about.

WHAT RIGHTS DOES WORKERS LOSE FOR JUST CAUSE?Unemployment insurancePrior notice13th salaryFGTS (Service Time Guarantee Fund)Proportional vacationsOne