Who is close to retirement can be fired? After all, everyone is afraid of being fired, right? In the case of people close to reaching the retirement, this seems to be an even greater fear. After all, there is no law that prohibits those who are close to retiring from being fired. However, there are some agreements and rules that vary according to the category of professionals, namely established through trade unions, such as the Collective Labor Convention (CCT) and Collective Labor Agreements (ACTs).
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Due to the pension reform, some doubts regarding retirement have arisen, especially in relation to the stability that workers have shortly before retiring. Understand a little more about her below.
Basically, the CCT establishes some labor rules according to each sector of professionals, the result of agreements between unions, which defend the interests of workers and the employers' union, which defends the interests of employers. Through discussions, negotiations and agreements are drawn up that are not present in some clauses of the regular CCT.
It is from there that the ACTs are established, when negotiations are signed with only a few companies, without covering the entire category. Even so, in relation to priority, the Collective Labor Convention stands out, since the agreements signed through it are more advantageous to the worker.
If you want to know if your class has the guaranteed right of stability before retiring, you should search for your sector's CCT, usually available in each union. Until then, only metallurgists, shopkeepers, journalists and teachers had this rule established. However, it is important to understand that this does not apply to dismissals for just cause.
In the case of those who are fired even with the right to stability, the employee can be reinstated in the company and still receive compensation for moral and material damage. This is because as it is an agreement between the union of employers and professionals, justice can intervene in cases of broken clauses.
