Da (in)compatibilidade do pedido de rescisão indireta ao empregado em estabilidade provisória

• Autor(a) principal: Moraes, Giovana Rodrigues de
• Data de Publicação: 2018
• 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/6136
• topic: Estabilidade; Contrato de trabalho; Direito do trabalho; Rescisão

The present study deals with the application of indirect employment contract termination by the employee on temporary stability, aiming to analyze the (in)compatibility of the two institutes. To do this, start with the method of qualitative approach, using the bibliographic procedure for data collection, making use of bibliographic research, case law, doctrine with the analysis of laws that guide the subject and understandings of the Regional Labor Courts and the Superior Labor Court. As the techique for te research, it was exploratory. In the study, first sought to approach the employment contract, describing its elements that characterize, the principles that guide it, as well as its modalities of extinction and the severance package due in each modality. Then approach the hypotheses of stability and guarantee employment, as well as their characteristics and their motivations. Subsequently, seeking through doctrines and legislation about the (in)compatibility of the application of indirect termination of the employment contract to the employee in provisional stability, it was found that there is a gap in the current legal system regarding the present study, and then was necessary to analyze the jurisprudential positions understandings of the Regional Labor Courts and the Superior Labor Court. About the jurisprudence analysis conducted, was conclued that there was divergences in some of the Courts about the the (in)compatibility of the application of indirect termination of the employment contract to the employee in provisional stability, due to nonexistence of law specifies about the subject. If there was legal provision, even if it could be discussed, it would give legal certainty to the parties involved and would ensure the protection due to the employee.