Dismissal due to the death of the employee or employer
This type of termination occurs as a result of the death of the worker or employee. Here, if the employer dies and the company’s activities will be discontinued due to the fact, then the employee will be terminated, at which time he will receive all labor funds, including the withdrawal of FGTS and termination fine, as well as, notice prior.
On the other hand, if the worker dies, a kind of “resignation” will occur, in which the employee’s family will be able to receive the labor funds, withdraw the FGTS balance, however, without the right to a 40% fine or indemnified notice.
In the dismissal for indirect dismissal, we have what we call dismissal for just cause of the employer. It occurs when the company fails to comply with the clauses and rules of the employment contract, for example, late payment of salary, does not grant vacations to the employee, or grants them outside the concessive period, among many other irregularities.
On this occasion, the worker will be able to sue the labor court through a labor lawsuit and request the dismissal of the employer and, consequently, the employer will have to pay all the labor funds guaranteed to the employee and perhaps, who knows, even compensation for moral damages.
End of Employment Contract
In this type of termination, we have the termination of the employment contract because it has been established for a certain time, for example, the probation contract and the temporary contract.
On this occasion, the worker must receive all labor funds, with the exception of prior notice, a 40% FGTS fine and unemployment insurance.
Termination by agreement
This was a novelty introduced by the labor reform in November 2017, when the legislator verified the need for a termination of the employment contract, where the parties could express their will to end the employment relationship, without further damage.
It occurs like this, one of the parties can express its interest in the termination, and if the other party agrees, then we will have the termination by agreement. On this occasion, some funds will be paid in half, for example, the prior notice when indemnified and the termination fine of 40%. In this case, there is also no right to unemployment insurance.
Dismissal without just cause
In this type of termination, the most common in fact, the worker is dismissed at the will of the employer, and without a more specific reason as in other cases. Upon termination, the employee will be entitled to all labor allowances including prior notice, FGTS withdrawal, 40% FGTS fine and unemployment insurance .
In the request for dismissal, contrary to what happens with dismissal without just cause, the initiative for dismissal belongs to the worker. He is the one who wants to end the employment relationship.
When resigning, the employee will be entitled to all labor funds, with the exception of the FGTS withdrawal, termination fine, and will not be entitled to unemployment insurance.
After understanding a little about some types of termination, let’s now focus on humanized dismissal. But what is she about?
Humanized dismissal has as its main premise the care and empathy for the worker who is being disconnected from the organization. The idea is to make this process light and less traumatic.
As the years go by, companies are more and more concerned about this stage of the employment relationship, as the benefits are many. For the worker who feels more assisted and respected and for companies, as they manage to maintain a good relationship with the former employee, even avoiding labor claims.
Cautions when shutting down
Well, to understand in practice how this works, here are some tips on the shutdown process.
Well, the end of the employment relationship begins with its communication and is one of the most difficult tasks for the manager. However, it is possible to make this process less unpleasant and traumatic.
It is important to remember that communication carried out improperly can even result in legal proceedings before the labor court.
The company, when deciding to end the employment relationship, must communicate this directly to the employee and not through third parties. Imagine the situation where the worker hears comments that he will be fired through the halls of the company.
This is certainly not the best way for the worker to know that he will be fired. calling the worker personally to talk about it certainly demonstrates the least that is expected of a manager, respect.
Recently, a teacher sued the educational institution where he taught, after being fired by telegram and very close to Christmas, which caused an emotional strain as he did not expect to be fired, even more so.
And yes! The educational institution was ordered to pay compensation for moral damages in the amount of 50 thousand reais and in the decision the TST took into account constitutional principles such as the dignity of the human person and the appreciation of work. Therefore, choose the best way to communicate the employee about the termination.
reason for termination
We start with the reason for termination. Why is this employee being terminated and why is knowing this important? Well, if the reason has a more objective criterion, for example, the employment contract ended and the company opted for the termination, the termination process becomes easier in all aspects.
Now, if the reason for the dismissal was without just cause, a priori the worker was not prepared for such a situation and from there comes an important job that is to make clear the reason for the dismissal and nothing better is the dismissal interview.
It is in the exit interview that the company will have the opportunity to listen to the worker, giving him the opportunity to express his feelings and opinions about the period he was in the company and the reasons that led to his departure.
Even if it is the worker resigning, the exit interview can help the company to identify internal flaws and improve processes and also the work environment, because if someone resigns, it is important to find out if this request is the result of internal issues in the company that can even be solved or at least improved.
However, it is important to remember that the interview is not mandatory, so the company cannot force the worker to have this moment if it is not his will.
Attention to dismissal for just cause
The just dismissal is considered as the maximum punishment applied to a worker who has committed serious misconduct. Obviously, if the worker has not been acting in accordance with the values of the organization, and their conduct deserves a just cause, the company has to make the sad decision to fire them along these lines.
However, the issue is in assessing whether the worker’s behavior justifies an indelicate dismissal with respect to just cause. Let’s see a practical situation to make it more understandable.
Imagine a worker who arrives at the company in a state of intoxication, and as we know, habitual drunkenness is considered a reason for just cause according to the CLT, in its article 482, f.
However, the current understanding of labor justice is that drunkenness, depending on the situation, can be considered a disease (alcoholism), so the employer needs to be sensitive, and before making any decision about a possible dismissal for just cause, should initially refer the worker for medical referral.
If the employee is found to be suffering from alcoholism, the employee must dismiss him and not fire him.
Be careful with the words
As we know, the termination process is not easy, neither for the employee nor for the company, so, as it is a delicate situation, it deserves care in the words and in the way they are externalized.
Obviously, if there are things that need to be said, even with a view to the personal and professional evolution of the person being disconnected, then it is important that they are said, however, even if it is something not so pleasant, it is always possible to expose them in a gentle and humane, paying attention to emotional issues and the subjectivity of each employee.