Rescisão de contrato: conheça os 4 tipos mais comuns! | Descomplica RH #003

Summary

In this video, the host explains the four types of contract termination under Brazilian labor law, especially post-labor reform. These include termination without cause, where an employer ends the contract for no specific reason; termination for just cause, when an employee commits serious misconduct; voluntary resignation, where the employee decides to leave; and mutual agreement termination, introduced by the labor reform, allowing employees to withdraw part of their FGTS. The video simplifies these concepts for HR professionals, providing a step-by-step guide on how to manage employee dismissals. Viewers are encouraged to leave comments for any further questions.

Takeaways

• 😀 The labor contract termination agreement became official only with the labor reform, though it previously existed informally.
• 😀 There are four types of termination according to labor law: without just cause, with just cause, voluntary resignation, and mutual agreement.
• 😀 The most common type of termination is without just cause, where the employer decides to terminate the employee without a specific reason, and provides a 30-day notice or payment for that period.
• 😀 Termination with just cause occurs when an employee commits serious misconduct, resulting in the loss of most of their rights, receiving only the balance of worked days and any vacation pay.
• 😀 Voluntary resignation happens when the employee requests to leave the company, writing a letter to the employer or HR. The employee is entitled to their earned salary, vacation pay, and proportional 13th salary.
• 😀 The mutual agreement termination allows both the employer and employee to decide together to end the contract, legalizing informal practices that existed before the labor reform.
• 😀 In mutual agreement terminations, the employee can withdraw up to 80% of their FGTS balance but loses eligibility for unemployment benefits.
• 😀 The employee also receives half of the notice period and 20% of their severance pay when ending the contract by mutual agreement.
• 😀 This mutual agreement termination was introduced to regulate informal contract termination requests where employees wanted to leave but still access their FGTS.
• 😀 A link is provided in the video description for a step-by-step guide to employee termination, and the video encourages viewers to ask questions in the comments if they have doubts.

Q & A

What is the impact of the labor reform on work contract termination agreements?

The labor reform made agreements for work contract termination official, which were previously done informally. These agreements now hold legal validity.

What are the four types of work contract termination according to Brazilian labor law?

The four types are: without cause, with cause, voluntary resignation, and mutual agreement termination.

What is 'termination without cause'?

Termination without cause occurs when the employer decides to end the contract, usually without a specific reason, and requires the employer to give a 30-day notice or pay for that period.

What happens in a 'termination with cause'?

Termination with cause happens when the employee commits serious infractions. In this case, the employee loses almost all rights, receiving only their salary balance and, if applicable, vacation pay and 1/3 of vacation.

How does voluntary resignation work?

Voluntary resignation occurs when the employee chooses to leave the company. The employee must submit a resignation letter and is entitled to the balance of salary, any outstanding vacation pay, and proportional 13th salary.

What is a mutual agreement termination?

A mutual agreement termination happens when both the employer and employee agree to end the work contract. The employee can withdraw part of their FGTS but will forfeit the unemployment insurance.

What rights does an employee lose in a 'termination with cause'?

In a 'termination with cause,' the employee loses almost all rights, including the right to severance pay, unemployment insurance, and withdrawal from the FGTS, except for the salary balance and vacation payments.

How does mutual agreement termination impact the employee's FGTS and unemployment benefits?

In a mutual agreement termination, the employee can withdraw up to 80% of their FGTS, but they lose the right to claim unemployment benefits.

Can an employee request a mutual agreement termination at any time?

Yes, the employee can request mutual agreement termination by approaching the HR department, but the company is not obligated to accept the request.

What is the role of the employee in a voluntary resignation process?

The employee needs to write and submit a resignation letter to the HR or company, informing them of the decision to leave voluntarily.