Did you know that in some situations an employee can terminate their own employment contract and still receive every benefit as if they had been dismissed without cause? This type of termination is set out in Article 483 of the CLT and is called constructive dismissal.
In which cases can constructive dismissal be claimed?
Constructive dismissal can be claimed when the employer commits serious misconduct that makes it impossible to continue the employment relationship. The main grounds include:
- Frequent delays or failure to pay wages;
- Detrimental changes to the contract made without consent;
- Workplace bullying or sexual harassment;
- Degrading working conditions;
- Lack of safety in the workplace.
If you are experiencing any of these situations, know that you may be entitled to claim constructive dismissal.
What are the employee's rights in this case?
Once constructive dismissal is granted by the Labour Court, the employee may receive:
- Indemnified prior notice;
- Outstanding salary balance;
- Prorated vacation pay plus the one-third constitutional bonus;
- Prorated 13th-month salary (Christmas bonus);
- A 40% penalty on the FGTS severance fund balance;
- Withdrawal of the FGTS balance and access to unemployment insurance.
What should you do?
It is essential to gather evidence and seek specialised legal advice. Here at Petereit e Sato Advogados, our team can review your case and help secure your rights safely and quickly.
