What is indirect dismissal: main care

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What is indirect dismissal: main care

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Indirect dismissal is a situation involving the practice of serious misconduct by the employer in relation to its employee. In this case, the practiced fault is characterized by non-compliance with labor legislation or contractual clauses agreed between the parties.

The indirect expression is thus used because it denotes situations in which the company does not fire its employee, but acts by making it impossible to continue the relationship.

In this article, you will understand what are the main precautions that company and human resources managers must take in relation to indirect dismissal. Check out!

After finishing reading, we recommend that you download this free e-book. In it, you will understand ways to create effective HR planning. This way, you will avoid problems with indirect dismissal, for example. Answer the form and receive right now:

How indirect dismissal works: 6 fundamental precautions

The first precaution that the manager must take to avoid the possibility of indirect dismissal refers to the fulfillment of the clauses of the employment contract. Any action or measure that goes against the obligations and rights can lead to indirect dismissal.

In this sense, both the human resources sector and managers and superiors must know the employment contract and the clauses that guide this relationship maintained between the employee and the employer.

Reduction of work

According to article 483 of the Consolidation of Labor Laws, an employer who reduces the employee's work in such a way that this reduction significantly affects his / her salary, may be causing an indirect dismissal.

In this situation, it is important to be aware of the issue of the employment contract, since it is directly related to the job performed by the worker and the salary he will receive. In addition, it is essential to always pay attention to any situation that may lead to a reduction in work and to avoid the characterization of the provisions of the referred article.

Physical offense

The CLT is clear in stating that any physical offense, whether carried out by the employer or by one of its representatives, can cause an indirect dismissal. This rule is not applicable to situations in which self-defense or that of third parties is characterized.

In any case, any type of aggression, whether physical or psychological, can be the cause of indirect dismissal.

Therefore, in addition to being aware of the routine and the relationship with employees, it is necessary to constantly invest in training and actions aimed at maintaining a healthy relationship in the workplace.

Harmful act to honor

This aspect is linked to the situation previously envisaged. In this sense, any action taken by the employer or one of his agents against the employee, or members of his family, which represents an act detrimental to his honor or good reputation may justify the possibility of indirect dismissal.

Furthermore, any situation that characterizes risks for the employee is also part of this context.

In line with the previous tip, the recommendation is that the human resources manager adopt actions and measures that aim at a good relationship within the professional environment.

In this way, he will seek to resolve impasses in a peaceful and cordial manner and always giving due attention to the demands brought by employees.

Hierarchical treatment with excessive rigor

This is perhaps one of the most controversial aspects when it comes to indirect dismissal.

According to article 483 b of the CLT, the employee may consider the employment contract terminated and claim the appropriate compensation when “he is treated by the employer or by his superiors with excessive rigor”.

As it is an aspect of very subjective interpretation, considering that rigorous treatment is part of the profile of some businesses and of some managers, this subject always generates many discussions due to the fragility of its understanding.

In order to avoid any problems in this regard, the best measure to be taken is to invest in a robust leadership development program for managers and superiors responsible for the company's sectors.

These professionals must be prepared to deal with employees, avoiding any situation that may characterize excessive rigor or discomfort.

In addition, it is interesting to keep the communication channel between the human resources sector and employees always open.

Thus, situations that generate discomfort or embarrassment will be taken to the responsible sector, which will be able to take measures to solve the problem, reducing the risk of an indirect dismissal request.

Excess demand

Finally, the sixth care that must be taken by the managers and professionals responsible for the employees of the company concerns requirements that can be characterized as superior to the conditions of execution of the employees.

According to CLT, when “services superior to your strengths are required, defended by law, contrary to good customs or unrelated to the contract”, you can characterize the hypothesis of indirect dismissal, giving rise to the right to indemnity.

The tip, then, is to always act in order to comply with the provisions of the employment contract, avoiding any changes that may cause physical, psychological or financial damage to the employee.

Indirect dismissal is no joke!

As you can see, the situations that justify indirect dismissal are very subjective and depend a lot on the interpretation and the relationship that is maintained between the employee and the employer, including their representatives.

Therefore, as we discussed in the course of this article, the best way to avoid problems and reduce the risk of being characterized by indirect dismissal is to invest in the relationship with your employees, offering mechanisms that allow them to expose their ideas and verbalize difficulties, ensuring the possibility of solving possible problems.

Therefore, the human resources sector plays a crucial role in this process. Since he is responsible for contacting employees, receiving information, maintaining and encouraging good relationships and investing in training that can bring good results to the work environment.

If you want to avoid indirect dismissal, invest in your human capital, respect the labor legislation and the employment contract. Always be willing to listen to your employee and establish a relationship of trust and respect with those who are part of your business.

These are the best measures to avoid conflicts and reduce the occurrence of labor claims or situations that may cause damage to your company.

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