Dismissal for just cause occurs when the employer terminates the employment contract with an employee who has committed a serious misconduct, which makes their continuity in their role incompatible. These absences may be related to contractual obligations, as well as to the employee’s personal conduct that may be reflected in the contractual relationship.
Termination rights and money
When fired for just cause, the worker receives only the balances of the expired vacations with an increase of 1/3, and the current balance of his salary at the time of dismissal, if applicable.
The difference when it is characterized by not having a just cause, is that the guaranteed rights would also be prior notification, vacations and the 13th proportional salary, in addition to the withdrawal of the FGTS with a 40% compensation on the balance and receipt of the insurance unemployment.
The main reasons that can lead employers to fire by these means, as seen in the law, are:
Law of improbability : dishonest act or omission, such as theft or manipulation of personal documents;
Incontinence of conduct or bad procedure: when there are excesses or incorrect behavior, such as the breach of internal rules or the harassment of other employees;
Criminal conviction : an employee, when he is judged and without the possibility of appeal, who needs to serve his sentence, will have terminated the employment contract;
Neglect or abandonment of employment : unexcused absences or more than 30 days of absence, as well as low or imperfect production and frequent delays;
Violation of company secrecy: disclosure of work strategies, which cause or possibly cause damage to the company;
Physical crimes : they constitute a serious offense when they are related to the employment relationship, they are practiced in the service or against superiors, even outside the company, and inside when it happened to third parties.
Games of chance: when the employee shows that he practices them and that they interfere with the exercise of his function.
Other serious offenses on the part of the worker, such as drunkenness while exercising their profession, also characterize the just cause of dismissal.
How the employer fires the employee
The employer is responsible for his company, in what is said between organizing the activities and controlling the work to be done, as well as analyzing the conduct of the hired employees.
Dismissal for just cause is an extreme measure and it will be necessary to prove, by the company, the wrongful acts of this worker before the Justice.
If there is a serious failure on the part of an employee, the necessary measures are applied right at the time of the event, which are the application of warnings, suspensions and, ultimately, dismissal. The number of warnings or suspensions required is not provided for in the law, in the same way that it is not necessary for them to occur, that is, the dismissal can be directly.
The act carried out will be analyzed by the labor court, which can prove just cause, as well as absolve the employee and turn it into dismissal without cause.