Rescisão simulada do contrato de trabalho e consequências jurídicas

• Autor(a) principal: Silva, Liriani Morgerot
• 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/7614
• topic: Simulação; Fraude; Rescisão contratual; Contrato de trabalho

The present study deals with the simulated rescission in the employment contract, a frequent situation in our country, with the objective of analyzing the legal consequences of the terminations simulated in the employment contract, with the specific objective: to conceptualize fraud and simulation, as evidencing fraud in termination of the employment contract. For this, it begins with the method of deductive approach, and thus, a general conception, to arrive in the specific form, making use of bibliographical research doctrinal, jurisprudential, as well as understandings of the Regional Courts and Federal Courts, and of laws that guide the subject. In this way, it is concluded that the consequences resulting from the resignation agreement affect both the employee and the employer, in view of the act being committed in collusion, both contractors seeking to obtain an unfair advantage through the false termination, without just cause, which makes possible to the employee to enjoy the benefits provided by law in such situation, among which, the collection of FGTS deposits, and unemployment insurance, which are subject to the resignation agreement. Once the practice has been verified, in court, the employer may be ordered to pay a fine, for violation of the purposes of unemployment insurance; and the employee to return the perceived values. Finally, it is noted that the magistrate may refer the case to the representative of the Public Prosecutor's Office for a criminal action, here we are facing the crime of estelionate, provided for in the Penal Code.