Rescisão Trabalhista | Não assine o seu Acerto Trabalhista

Summary

In this video, Daniel Moreno, a labor lawyer with 15 years of experience, shares essential tips on how to avoid major issues when signing your employment termination document. He highlights three key areas to check before signing, including verifying your personal information, ensuring the correct reason for dismissal is noted, and confirming the payment details. He warns against signing if the payment amount doesn't match the expected amount and stresses the importance of the correct date and signature for the termination. By following these tips, workers can avoid costly mistakes and potential legal battles.

Takeaways

• 😀 Always double-check your name and CPF on the termination documents to avoid future issues with benefits like unemployment insurance and severance pay.
• 😀 Be sure that the 'Cause of Termination' field accurately reflects the reason for your dismissal. Incorrect information can prevent you from receiving unemployment benefits.
• 😀 Never sign a termination document if the amount listed doesn’t match what you actually received in your account. This could make it difficult to dispute later.
• 😀 If you sign a termination document and the payment is lower than stated, you won’t be able to legally challenge the discrepancy later.
• 😀 Ensure that the final payment is deposited in your account before signing the termination document, confirming the correct value.
• 😀 Be aware that the termination document will not include your FGTS (Severance Fund) or unemployment benefits. These are separate processes you must pursue.
• 😀 Check the 'Cause of Termination' field to ensure it is correctly filled out as 'Dismissal Without Cause' if the employer fired you for no reason, or as 'Resignation' if you quit.
• 😀 Employers must provide all termination documentation within 10 days of your dismissal. If this is delayed, you are entitled to additional compensation.
• 😀 If the employer delays handing over the necessary termination documents, you can claim a salary as a penalty for the delay.
• 😀 Always fill in the correct date and city on the termination document to ensure that it reflects the actual day you were handed the documents.

Q & A

What is the main purpose of the video by Daniel Moreno?

The main purpose of the video is to educate employees on key considerations they should check before signing a labor termination agreement (rescisão trabalhista) to avoid potential financial and legal problems.

What are the three main points Daniel Moreno emphasizes in the video?

The three main points Daniel emphasizes are: 1) Verifying personal details like name and CPF on the termination agreement, 2) Checking the cause of termination, and 3) Ensuring the correct net payment is reflected and received before signing.

Why is it important to verify your personal details on the termination document?

It is important to verify your personal details, such as name and CPF, to ensure that no errors are made, which could delay benefits like unemployment insurance or the FGTS (Fundo de Garantia por Tempo de Serviço).

What could happen if the cause of termination is incorrectly marked as a resignation (pedido de demissão)?

If the cause of termination is incorrectly marked as a resignation, the employee may lose access to important benefits like unemployment insurance, as it would imply they voluntarily quit the job, making it harder to claim these benefits.

What is the significance of the 'net payment' field on the termination agreement?

The 'net payment' field reflects the amount the company is required to pay to the employee. It’s crucial to ensure this amount matches what has actually been deposited into the employee's account. If there’s a discrepancy, signing without verifying can prevent the employee from claiming the correct amount later.

What does Daniel Moreno suggest about signing the termination agreement before receiving the full payment?

Daniel suggests that employees should not sign the termination agreement unless they have received the full net payment. If the payment is less than what’s owed, employees may face difficulties claiming the difference later in court.

What is the legal time frame for the employer to deliver the necessary termination documents (guia de rescisão)?

According to Article 477 of the CLT (Consolidação das Leis do Trabalho), the employer must deliver the termination documents within 10 days from the employee’s dismissal. Failure to meet this deadline can result in the employee being entitled to an additional salary as a penalty.

What should employees do if the employer delays delivering the termination documents?

If the employer delays the delivery of termination documents, the employee should note the actual delivery date in the agreement. They can add a note on the form stating the documents were delivered later than the official date.

Why is the date and signature field important in the termination agreement?

The date and signature field is important because it determines when the termination documents were officially provided to the employee. If the documents are provided late, the employee may be entitled to an additional salary as a penalty.

What advice does Daniel give to employees regarding the date in the termination agreement?

Daniel advises employees to carefully check the date on the termination agreement. If the company marks an incorrect date, employees should use the blank space to note the actual date when they received the termination documents to protect their rights.