Dismissal for cause is one of the most drastic measures a company can take to terminate an employee. To base these situations, the Consolidation of Labor Laws (CLT) defines the behavior of employees that constitute just cause for the termination of the employment contract.
Upon being notified of the dismissal, the worker loses the right to compensation of 40% on the FGTS, prior notice and unemployment insurance. However, he may receive wages that have not yet been paid.
However, if the worker disagrees with the dismissal, he can appeal to the Labor Court to try to reverse it.
According to Article 482 of the CLT, just cause can be applied to cases where employees commit at least ten types of conduct:
– Act of indiscipline or insubordination;
– Abandonment of employment;
– Violation of company secrecy;
– Negligence in the performance of functions;
– Verbal and physical offenses against the employer and superiors;
– Act of improbity;
– Habitual drunkenness;
Just cause can be used by the company to dismiss an employee who was warned several times, but did not want to comply with internal rules.
One of these cases occurred in São Caetano do Sul (SP), where the Labor Court confirmed the dismissal for just cause of a worker who refused to be vaccinated against covid-19 twice. She worked at a children’s hospital.
Without cause
Unjustified dismissal occurs when the employer decides to terminate the employment contract without a justification caused by some fault of the employee. In general, it occurs to reduce costs. In these cases, the employee is entitled to receive a 40% fine on the FGTS, 30 days notice and other labor allowances.
