Every worker is subject to a layoff sooner or later. Normally this is not an easy time, especially for those who are going although on someone else's terms. We must take into account that there are different types of dismissal. Including that some of them end up leaving the worker with reduced rights.
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Knowing the types of dismissal is very important for the professional to have at the tip of his tongue all your rights, so you can look for the best option before or after the process of shutdown. Check it out now:
In this case, it happens without any serious reason and part of the employer's will to terminate the contract, so the citizen guarantees all labor rights, such as 13th salary, prior notice – which can be worked or indemnified –, salary balance, vacations with additional one-third, unemployment insurance guide and permission to withdraw the Severance Indemnity Fund (FGTS) with additional of 40%.
It happens when the individual requests the dismissal due to some breach of contract by the employer. This type of dismissal can be requested for several reasons. For example: the employee is asked to provide services that were not agreed in the contract or that deviate from good customs; when the boss's treatment is very strict or he practices physical and psychological offenses; when the employee's life is put at risk; when there is a decrease in the workload to also reduce the employee's remuneration; when clauses of the contract are breached.
It occurs when the employer has a legal reason to dismiss the employee. In this type, the employee does not guarantee all the rights he would have if he had been fired without fair concerned, receiving then only the salary for the month worked and the vacation due with a third of addition.
Among the reasons that configure this type of dismissal are acts of impropriety, such as changes to documents, theft of materials and even information; bad conduct, such as moral harassment, disrespect, lack of professional ethics, aggression within the work environment and sexual violence; habitual or work drunkenness; when the worker disrespects the company's rules or suffers some type of criminal conviction.
It also happens that the decision to leave the company comes from the employee. In this case, the rights are almost the same as dismissal without just cause, but without the right to prior notice, FGTS withdrawal with a 40% indemnity and unemployment insurance.
Here the boss and the employee must agree on the dismissal. In this case, the employer must pay only 15 days' notice and 20% of the FGTS termination fine; the worker only receives 80% of the fund and 50% of the severance pay. In addition, you are not entitled to insurance.
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