Melhores Advogados de Rescisão Indevida em Itajaí

About Rescisão Indevida Law in Itajaí, Brasil

In Brazil, the term commonly used in practice is more precisely “rescisão indireta” when the employee claims that the employer has committed faults serious enough to justify terminating the contract. A standard termination initiated by the employer without just cause is known as “demissão sem justa causa”; a misapplication or unlawful dismissal may lead to a claim of rescisão indevida. For residents of Itajaí, these disputes are handled within the Brazilian labor justice system, coordinated through the Tribunal Regional do Trabalho and local labor courts in Santa Catarina. A successful claim often results in compensation for unpaid wages, benefits, and the appropriate severance rules (FGTS and payments).

Key takeaway: Rescisão indevida cases hinge on proven employer fault or improper termination procedures, and remedies are defined by national labor law applied locally in Itajaí and Santa Catarina.

Constituição Federal, art. 7, assegura direitos trabalhistas básicos aplicáveis a demissões e FGTS, entre outros.

Source: Planalto, site oficial do governo federal - Constituição Federal. Link: https://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm

CLT art. 483 descreve as hipóteses de rescisão indireta, permitindo ao empregado pleitear a rescisão contratual e devida reparação quando o empregador comete faltas graves.

Source: Planalto, Consolidação das Leis do Trabalho. Link: https://www.planalto.gov.br/ccivil_03/decreto-lei/dl5452.htm

Why You May Need a Lawyer

Consulting a lawyer is often crucial to protect your rights when a termination happens to you or your employees in Itajaí. A qualified attorney helps interpret the impact of federal rules on your specific case, calculates owed amounts accurately, and guides you through the court process.

• Fired without proper notice or pay - A worker in Itajaí may have not received aviso prévio, 13º salário, férias proporcionais, ou férias com 1/3 adicional, which a lawyer will assess and demand.
• FGTS not deposited or withdrawal incorrectly - If the employer failed to deposit FGTS or withheld funds, a lawyer can claim the correct deposit plus penalties and interest.
• Suspicion of demissão sem justa causa or rescisão indireta - An employee whose manager commit faults like discrimination, unhealthy work conditions, or abrupt termination may seek rescisão indireta and corresponding compensation.
• Unpaid overtime or additional benefits - If overtime, vacations, or other benefits were not properly calculated, a lawyer helps recover these sums and protect future entitlements.
• Wrongful termination during a fixed-term contract - A lawyer can assess whether early termination violated the contract terms or local labor rules and pursue appropriate reliefs.
• Gender, age or disability discrimination in the termination - A lawyer evaluates possible discriminatory motives and uses the law to pursue reparations and corrective actions.

Local Laws Overview

This section highlights the core federal statutes that govern rescisão indevida in Itajaí, with emphasis on how they apply locally. Brazilian labor law is national, but case handling and court interpretation vary by jurisdiction. The main sources below provide the framework for employee rights and employer obligations.

• Consolidação das Leis do Trabalho (CLT) - Decree-Law 5452/1943 - This is the central code governing employment contracts, termination rules, and employee rights. It has been amended several times, notably by the Reforma Trabalhista of 2017. Effective since 1943 with ongoing updates. It covers rescisão indireta in Article 483 and related termination procedures.
• Lei 8.036/1990 - Fundo de Garantia do Tempo de Serviço (FGTS) - Establishes FGTS deposits and penalties for improper termination. Proper FGTS handling is a key element of any termination dispute and compensation calculation.
• Lei 13.467/2017 - Reforma Trabalhista - Introduces updates to procedures, negotiated impacts on contracts, and procedural timetables in termination cases. This law modernized several aspects of how dismissals and rescisões are treated in practice.

Observação prática para Itajaí: Em casos de rescisão indevida, a maioria das ações é ajuizada na Justiça do Trabalho, que atende Santa Catarina. As mudanças de 2017 afetam prazos, acordos e cálculos de indenizações que chegam a Itajaí via TRT de Santa Catarina.

Sources and further reading:

CLT - Decree-Law 5452/1943 (artigo 483 e temas correlatos) - Planalto

Link: https://www.planalto.gov.br/ccivil_03/decreto-lei/dl5452.htm

Constituição Federal - direitos trabalhistas básicos

Link: https://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm

Lei 13.467/2017 - Reforma Trabalhista

Link: https://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2017/lei/l13467.htm

Lei 8.036/1990 - FGTS

Link: https://www.planalto.gov.br/ccivil_03/leis/l8036.htm

Frequently Asked Questions

What is rescisao indireta and how does it apply in Itajaí?

Rescisao indireta occurs when the employer commits serious faults that justify the employee ending the contract. In Itajaí, these claims are handled by the local labor courts, which determine entitlement to severance and related payments.

How do I start a Rescisão Indevida claim in Itajaí?

Begin with a consult with a local employment lawyer in Itajaí. Your attorney will collect documents, prepare the petition, and file a reclamação trabalhista with the regional labor court.

When should I hire a lawyer for a termination dispute in Itajaí?

Hire a lawyer as soon as termination happens or if you notice improper payments. Early legal guidance helps preserve evidence and secure timely remedies.

What documents should I gather for a rescisão indevida case?

Collect your contrato de trabalho, comprovantes de pagamento, recibos de férias, 13º salario, guias de FGTS, avisos prévios, e-mails ou mensagens com discrepâncias, e quaisquer denúncias de irregularidades.

Do I need to prove fault by the employer for rescisao indireta?

Yes, you must show fault or significant breach by the employer that justifies termination by the employee. Your attorney will help identify admissible evidences.

How long does a typical Rescisão Indevida case take in Itajaí?

Labor cases in Brazil commonly take several months to over a year, depending on complexity and court schedules in Santa Catarina. Your lawyer can give a timeline after reviewing your documents.

What costs are involved in pursuing a termination claim?

Costs include attorney fees, court costs, and potential expert assessments. Some cases may be handled on a contingency or payment plan, depending on the lawyer and region.

Can I negotiate a settlement in Itajaí instead of going to court?

Yes, many cases settle through negotiation or a conciliation hearing before a formal trial. A lawyer will help you evaluate settlement offers and protect your rights.

Is there a difference between demissão sem justa causa and rescisão indireta?

Demissão sem justa causa is the employer’s termination without fault, while rescisão indireta is when the employee claims the termination is due to the employer's serious fault. Both have distinct remedies and procedures.

What is the timeline for filing a reclamação trabalhista in Itajaí?

The initial filing must occur within the statute of limitations for labor claims, typically two years after the termination, but consult a local attorney to confirm your dates.

Will I receive FGTS-related payments if my case is won in Itajaí?

If the claim succeeds, you may recover FGTS deposits due, plus penalties and interest, as determined by the court and the specific circumstances of your case.

Can I represent myself in a Rescisão Indevida case in Itajaí?

You can represent yourself, but a lawyer increases the likelihood of achieving favorable results due to formal procedural requirements and evidence handling.

Additional Resources

• Ministério Público do Trabalho (MPT) - Provides guidance on workers rights and enforcement actions. Link: https://www.mpt.gov.br
• Portal do Trabalho - Official Brazilian government portal with information on labor laws and worker rights. Link: https://www.gov.br/trabalho/pt-br
• Constituição Federal e CLT - Texts of fundamental labor rights and the Consolidation of the Labor Laws, hosted on Planalto. Link: https://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm and https://www.planalto.gov.br/ccivil_03/decreto-lei/dl5452.htm

Next Steps

1. Identify your goal and collect all termination documents, including your contract, payroll, and FGTS records. Do this within 1-2 weeks of the termination.
2. Schedule a consultation with a local Itajaí employment lawyer to review your case specifics and eligibility for rescisão indireta or demissão sem justa causa. Aim for a first meeting within 1-3 weeks.
3. Have the lawyer explain potential remedies, including owed wages, FGTS, 40 percent FGTS multa, and vacation pay. Ask for a written action plan with milestones.
4. Decide on the legal route and sign a procuração (power of attorney) authorizing the attorney to act on your behalf. Complete within 1 week of your decision.
5. File a reclamação trabalhista in the local labor court via your attorney. Expect the initial filing to occur within 2-6 weeks after a decision to proceed.
6. Prepare for hearings or conciliation and gather additional evidence requested by the court. Hearings may be scheduled within 1-6 months after filing, depending on caseload.
7. Negotiate settlements when offered and worth considering, with the attorney advising on the best terms. This may occur at any stage but often before trial.