Melhores Advogados de Rescisão Indevida em Guarujá

1. About Rescisão Indevida Law in Guarujá, Brasil

Rescisão indevida, commonly understood as a wrongful or unjust termination of employment, is handled under Brazil's CLT framework. In practice this means a dismissal without just cause or a dismissal carried out without proper procedural steps can give rise to legal remedies for the worker. In Guarujá, employees typically pursue claims through the Justiça do Trabalho, with cases heard by the Tribunal Regional do Trabalho da 2a Região (TRT-2) in São Paulo.

Key rights after an unjust termination include saldo de salário, férias proporcionais, 13º salário proporcional, aviso prévio, e o saque do FGTS com a multa de 40% sobre o saldo. The 2017 Reforma Trabalhista introduced new rules on negotiation and job arrangements, but the core protections against wrongful termination remain anchored in the CLT. It is crucial to document all payroll records, férias, 13o salário, e-mails, comunicados e comprovantes de pagamento para construir a reclamação.

Consulting with a local attorney who understands the specific practices in Guarujá and the Baixada Santista can help you determine se a rescisão foi indevida and quais verbas rescisórias você tem direito. This guide summarizes the core legal landscape and practical steps you can take if you suspect a wrongful termination in Guarujá.

For authoritative text on the CLT and its reforms, see the official CLT text and amendments at Planalto.gov.br - Decree-Law 5452/1943 and Law 13.467/2017.

Consolidação das Leis do Trabalho (CLT) - Decreto-Lei 5452/1943 and Lei 13.467/2017 - Reforma Trabalhista provide the baseline rules that govern rescisões indevidas in Guarujá.

2. Why You May Need a Lawyer

• Scenario 1: A hospitality worker in Guarujá is dismissed sem justa causa and reports unpaid horas extras and salário retroativo. A lawyer helps calculate verbas rescisórias, including férias vencidas and 13o salário, and ensures the correct 40 percent FGTS handling.
• Scenario 2: An employee alleges discriminação and possible harassamento leading to a rescisão indireta. A lawyer assesses evidence, preserves records, and guides the claim for indenização and proper rescisão por culpa do empregador.
• Scenario 3: An employer fails to deposit the full FGTS or does not apply the 40 percent penalty after a demissão sem justa causa. A legal counsel helps recover FGTS deposits plus penalties and any missed entitlements.
• Scenario 4: The company terminates while the worker is on licença médica or licença maternidade. A lawyer evaluates rights to proteção and compensation and may file for rescisão indevida with due process.
• Scenario 5: A seasonal worker in tourism disputes a wrongful termination after a short contract. A lawyer helps determine eligibility for "aviso prévio" and do the full calculation of vacations and 13o, even for short tenure.
• Scenario 6: The employer uses complex payroll adjustments or fraudulent paperwork during the termination. A lawyer helps uncover irregularities and pursue full verbas rescisórias, with potential penalties.

3. Local Laws Overview

The rules that govern Rescisão Indevida in Guarujá are anchored in national labor law, applied through the regional labor court system in São Paulo. Below are 2-3 key laws and regulations that shape these cases, with notes on their effective dates and recent changes.

• Consolidação das Leis do Trabalho (CLT) - Decreto-Lei 5452/1943 - The main text governing employment relationships, dismissal procedures, and entitlements. The CLT has been amended repeatedly, including major updates from Law 13.467/2017, which reshaped many aspects of individual and collective rights. Full text.
• Lei 13.467/2017 ( Reforma Trabalhista ) - Modernized negotiations between employees and employers and introduced changes to working arrangements and severance processes. The reform is in force since 2017 and has been interpreted by_TRTs_ and TST in many decisions involving rescisões indevidas. Text of the law.
• Lei 8.036/1990 (FGTS) - Fundo de Garantia do Tempo de Serviço - Establishes FGTS deposits and the 40 percent penalty on funds when termination is sem justa causa. A worker pode sacar o FGTS com multa de 40% em demissão sem justa causa. Texto da lei.

According to Brazil's labour framework, a demissão sem justa causa entitles the worker to a set of verbas rescisórias, including saldo de salário, férias proporcionais, 13o salario, and FGTS with the 40 percent penalty. The regional courts in São Paulo administer these claims under the CLT and Reforma Trabalhista guidelines.

Jurisdiction note for Guarujá: cases arising from Guarujá are typically processed within the São Paulo regional labor system, principally by the Tribunal Regional do Trabalho da 2a Região (TRT-2). See official TRT-2 resources for local procedures.

4. Frequently Asked Questions

What exactly is rescisão indevida in Brazilian labor law?

Rescisão indevida refers to termination by the employer without a valid legal reason or proper process. It can involve demissão sem justa causa or improper handling of the termination, including non payment of due verbas. Always check the details in your termination documents with a lawyer.

How do I prove a wrongful termination case in Guarujá?

Collect employment records, payroll statements, and termination notices. An attorney will examine consistency between the contract terms and what was paid or deposited in FGTS to support your claim.

When can I file for rescisão indireta in Guarujá?

Rescisão indireta occurs when the employer commits serious faults, such as non payment, abuse, or coercion. This allows the employee to terminate the contract and seek appropriate remedies through the court.

Where do I file a wrongful termination claim in the Baixada Santista?

Claims are filed with the local labor court under the jurisdiction of the TRT da 2a Região in São Paulo. A local attorney can guide you to the correct procedural steps and deadlines.

Why are FGTS and 40 percent penalties important in rescisão indevida?

FGTS deposits and the 40 percent penalty compensate workers for the lack of job security and to offset the impact of termination without cause. These are core components of the remedy in many cases.

Can I negotiate a settlement instead of going to court?

Yes. Many cases settle out of court or via mediation. An attorney can negotiate on your behalf to maximize verbas rescisórias while potentially avoiding a lengthy trial.

Should I hire a lawyer before signing a termination agreement?

Yes. A lawyer can review the agreement to ensure it complies with the CLT and Reforma Trabalhista and to avoid forfeiting rights you may still claim later.

Do I need to provide payroll records when filing?

Providing payroll, contract details, and proof of FGTS deposits helps the lawyer file a precise claim and verify all owed amounts.

How long does a rescisão indevida claim take in São Paulo courts?

Timeline varies, but labor lawsuits often run 12 to 24 months, depending on court workload and complexity. A lawyer can give an estimate based on your case specifics.

What is the difference between rescisão sem justa causa and rescisão indireta?

Rescisão sem justa causa is employer-initiated termination without a justified reason; rescisão indireta is the worker ending the contract due to employer faults. The remedies differ and are determined by the evidence presented.

How much can I typically recover in a wrongful termination case in Guarujá?

Recoveries vary by case, including unpaid salaries, férias, 13o, FGTS with penalties, and possibly penalties for abusive conduct. A local lawyer can estimate potential recoveries based on your records.

Is there a time limit to file a rescisão indevida claim in Brazil?

Yes. In many situations the deadline is two years from when you became aware of the claim, with some deadlines reset by court rulings. Your attorney will identify the exact statute and deadlines for your case.

5. Additional Resources

• Tribunal Regional do Trabalho da 2a Região (TRT-2) - Official regional labor court for São Paulo area including Guarujá. Useful for case routes, procedural guidance, and forms. TRT-2 official site.
• Tribunal Superior do Trabalho (TST) - National appellate body for labor disputes, with normative guidance and briefs on rescisao indevida. TST official site.
• Consolidação das Leis do Trabalho (CLT) e Reforma Trabalhista - Official texts for the core rules governing employment relationships, termination, and entitlements. CLT text and Reforma Trabalhista text.

6. Next Steps

1. Collect all documents related to the employment and termination, including contrato, holerites, férias, 13o salario, e comprovantes de FGTS. Organize them by date and type for easy reference.
2. Consult a local advogado trabalhista in Guarujá to assess if the termination was indevida and to identify the veras rescisórias you may claim. Ask for a clear initial assessment and a written plan.
3. Request a preliminary review of your termination with the local TRT-2 or a regional labor court if you believe immediate protection is needed. Your lawyer will guide you on whether to pursue rescisão indireta or adjacent claims.
4. Decide on proposito processual: file a reclamação trabalhista or seek a settlement. Your attorney can negotiate on your behalf and explain potential risks and benefits of each path.
5. Prepare to meet deadlines and respond promptly to any court or agency requests. Delays can jeopardize your rights; keep your attorney informed of all correspondence.
6. Assess costs and potential outcomes with your lawyer, including expected verbas, possible penalties, and timeline. Request a written estimate and timeline.
7. Follow up on the case progress with your attorney and the court, and keep your contact information up to date. This helps prevent missed deadlines and ensures timely updates.