Dismissal of the employee for just cause is the penalty applied by the employer to the employee who commits an act serious enough to break the bond of trust between the worker and the company or to the one who, despite not practicing any act of such seriousness, committed repeated and perpetuated faults even after suffer lighter punishments.
The situations that allow the company to dismiss the worker for just cause are only those listed in the law.
Some examples are:
- Misconduct;
- Negligence in the performance of functions;
- Indiscipline;
- Insubordination;
- Job abandonment, among others.
I’m on a certificate, can I do a gig?
If the employee presents a medical certificate and does a moonlight job on the day he was removed from work on medical advice, dismissal for just cause may be applied, but for different reasons depending on the case.
Since the medical certificate is false, there is the possibility of just cause due to the employee’s act of impropriety, regardless of whether the employee does “odd jobs” during the period of leave. In that case, the company must apply it as soon as it discovers the falsehood of the document.
If the medical certificate is true and indicates the employee’s absence from work for a certain number of days, but the worker during that period does “odd jobs” in another activity, there is a decision in the Labor Court that understands that dismissal for just cause is possible in reason for the breach of trust between the two.
Thus, in this case, just cause is justified due to the inconsistency between the worker presenting the employer with a statement that he is not in a position to work and providing services elsewhere.
work “beak”
Doing odd jobs is a popular term given to activities and services done on a temporary basis and to supplement income, usually with low values and while looking for a formal activity.
In this way, the beak can be characterized as something provisional, non-specialized and non-formal.
With information from the exam