Labor Law is the branch of Law that regulates the relationship between employers and employees, ensuring basic rights such as signed employment contracts, fair working hours, decent salaries, vacations, leaves, and workplace safety.
What Does a Labor Lawyer Do?
A labor lawyer is a professional specialized in advising employers and employees on issues related to labor law.
We Are a Law Firm Specialized in Labor Law
Labor Law is the branch of law related to labor relations. One of its main characteristics is the existence of a weaker party in cases, that is, a party considered more vulnerable (worker) compared to the decision-making power of the other party (employer).
This vulnerability attributed to the worker in the employment relationship is the foundation of legal protection for workers, established in articles 6 to 11 of the 1988 Federal Constitution, which set the corollaries to be followed in infraconstitutional legislation that regulates the subject, that is, the Consolidation of Labor Laws (CLT).
Our team of labor lawyers serves various professional categories, always seeking fair compensation for rights that have been suppressed, withheld, or not even fulfilled during the employment contract. We serve workers from the most varied professional categories.
Below, we have created a table with the main causes of action for the labor lawyer mentioned throughout the article.
| Topics | Description |
| Termination for Just Cause | Type of employment contract termination where the employer dismisses the employee for a serious reason stipulated by law, without entitlement to some severance payments. |
| Hazard and Unhealthiness Additions | Additions that must be paid to workers who perform hazardous or unhealthy activities, according to Brazilian labor legislation. |
| Indirect Termination | Type of employment contract termination where the employee can terminate the contract with the employer due to a serious misconduct committed by the latter, entitling them to some severance payments. |
| Overtime | Additional payment that the employer must make to the employee when they work beyond the regular working hours established by law. |
| Recognition of Employment Link | Judicial action that seeks the recognition of the employment link between an employee and an employer, based on the activities performed and the existing legal subordination. |
Termination for Just Cause
Termination for just cause is a form of contractual termination justified by the occurrence of a serious fault by the worker, which causes a breach of trust and good faith on which the employment relationship is based.
The situations that can lead to this type of contractual termination are determined by law, escaping the employer's discretion to define the worker's act as just cause.
Thus, only the following behaviors can lead to termination for just cause under article 482 of the CLT:
- Acts of dishonesty;
- Incontinence of conduct or misconduct;
- Habitual negotiation on one's own or someone else's account without the employer's permission when it constitutes an act of competition with the company for which the employee works or is harmful to the service;
- Criminal conviction of the employee, final and unappealable, unless there has been a suspension of the penalty's execution;
- Negligence in the performance of respective functions;
- Habitual intoxication or intoxication at work;
- Violation of company secrets;
- Acts of indiscipline or insubordination;
- Abandonment of employment;
- Acts harmful to honor or good reputation committed at work against any person or physical offenses under the same conditions, except in cases of legitimate defense of oneself or others;
- Acts harmful to honor or good reputation or physical offenses committed against the employer and hierarchical superiors, except in cases of legitimate defense of oneself or others;
- Habitual gambling and
- Loss of driver's license or other legal requirements for practicing the profession due to the employee's willful conduct.
Hazard and Unhealthiness Additions
To preserve the worker's health, there are Occupational Health and Safety Policies that establish norms to be followed to ensure the healthiness of work environments. However, many employers do not respect these norms, presenting unhealthy working conditions.
For this reason, Regulatory Standards numbers 15 and 16 of the Ministry of Labor and Employment (MTE) list activities that are considered unhealthy and hazardous and their tolerance limits so that, if these limits are exceeded, workers are granted advantages to minimize these effects.
When it comes to health risk situations, the addition is called the unhealthiness addition. When, on the other hand, inadequate working conditions put the worker's physical integrity at risk, the addition is called the hazard addition.
What is a Work Accident?
According to article 19 of Law No. 8.213/1991, a work accident is one that occurs during work performed for the company or special insured individuals, resulting in bodily injury, functional disturbance, or even the worker's death.
The concept includes accidents that happen at the workplace and during work hours, as well as those that occur during the commute between residence and the workplace.
Brazilian labor legislation guarantees that workers have access to social security and assistance benefits in case of accidents, aiming to protect employees' health and safety, such as sickness benefit due to accidents and accident benefit when there are consolidated injuries, that is, when the worker presents permanent sequelae resulting from the work accident.
