Assédio moral: uma abordagem acerca das repercussões nas hipóteses de rescisão indireta do contrato de trabalho

• Autor(a) principal: Teixeira, Matheus Genuino
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15821
• topic: CLT; Assédio; Moral; Contrato; Rescisão indireta

This work aims to analyze the repercussion of bullying on the causes of indirect termination of the employment contract. Moral harassment, although widely discussed today, is still the subject of a recent approach, the understanding of which still requires greater efforts on the part of the operators of the law and the Judiciary, who need to identify its contours with more property, in order to avoid, from a on the one hand, the trivialization of the institute and, on the other hand, the impunity of the aggressors. In this study, there is a correlation between the possibility of indirect termination of the employment contract and moral harassment, arising from the employee's own hyposufficiency, against whom is more common to this type of aggression. It appears that, although downward vertical moral aggression is statistically more common, given the possibility of abuse of the directive power, the present analysis is not restricted to this manifestation of the phenomenon: the indirect termination of the employment relationship is seen as a reaction tool of the harassed, either against harassment of superior or subordinate, or against harassment of coworkers. As there is no express provision in the Consolidation of Labor Laws regarding contract termination in matters of moral harassment, the hypotheses listed in art. 483 of the diploma, with special emphasis on the requirement of strength of the employee, unraveling its vicissitudes, in order to provide its application and instrumentalization not only in favor of the worker, but also of the employer, who knows the limits of its burden.