Altos empregados: peculiaridades do contrato de trabalho

• Autor(a) principal: Gueiros, Josevaldo Duarte
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34517
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO

This paper deals with the particularities of the employment contract of employees called high, highlighting the condition of this systematic work within the Brazilian labor legislation and the lack of standards to safeguard their own specificities. The proposed theme is to give an overview of the employee who occupies a prominent position in the company hierarchy, based on analysis of elements "tying", "trust" and the binomial "powers of command and management." The first chapter aims to present general concepts of the topic, conceptualizing, distinguishing, discussing the legal, subordination to undergoing the high employee and legal position in comparative law. The second chapter seeks to define the expressions management positions and positions of trust, explains species existing trust in employment relations and distinguishes high employee exercente number of positions of trust. The third and final chapter seeks to effectively fulfill the promise of the proposed work and initially focuses on the figure of the Director and presents discussions on doctrine and jurisprudence on its legal nature, bringing suggestions and criticisms of contemporary jurists about the need to amend the legislation. Then expose the possibility of employee and partner appear in the same person. The next topic discusses the application of Article 62, II, the CLT, and the controversy generated by some decisions of the Labour Court case series, and yet, the legal status of detainees banking position of trust. Introduces the topic of change of employment effects of the position of trust, highlighting the issue of overtime, the transfer function will return the previous wage reduction and job security of the occupant of a position of trust. When dealing with compensation, the legal debate of some titles as salary "in natura", retention bonuses, prize, "stock options" and representation allowance. Mentions the importance of specific clauses in the contract of employment of senior employees, pointing out two important clauses, namely, confidentiality and non-competition. Finally, the last section deals with some of the top events of the contract employee, such as access to justice work and generosity of justice in light of the principle of protection