The obstacles for maintaining the termination of the individual labor contract for fair cause

Abstract

The just cause is one of the modalities of termination, of the individual employment contract, applied in cases where there is a contractual infraction, practiced by the employee, whether by action or omission, with gravity and which makes the employment relationship unsustainable. The assumptions for the suitability of this type of contractual termination are legally provided for in the CLT, by means of a tax list, in accordance with Article 482 of the CLT. Bearing in mind that the law has a definitive role, but with a wide interpretation, opening the possibility for subjectivity in the judicial analysis, research on the difficulties to maintain termination for just cause, when the specific case comes to the analysis of the Judiciary. The main objective of this article is to assist businessmen, academics and professionals in the field of labor law, to obtain a better understanding of the legal decisions of the Regional Labor Court of the 12th Region, regarding terminations of employment contracts with just cause. As for the methodology used in this research, it is descriptive, with an emphasis on bibliographic and jurisprudential study. A brief overview of the historical context is made, followed by questions related to the individual employment contract. We can conclude that the company must be sure that all requirements are present before applying the just cause, so as not to run the risk of giving rise to the reversal of the just cause, as examined in the judgments.