Kitchen Assistant Goes to Court for ‘Fire Chief’

The mechanism applies only to those working under the CLT system. It looks as if the worker fired the company for just cause, says Erik Magalhæes, a labor lawyer and partner at Magalhæes e Moreno Advogados.

It is as if the worker is asking the company for a just cause. The usual way to terminate a contract is for the company to fire the worker, or for him to submit his resignation. That is why it is called indirect termination because the worker, for a legitimate reason, stipulated by law, is the one who terminates the contract.
Eric Magalhaes, Attorney

Access to technology has helped increase the number of cases. Magalhães says people are now able to more easily check whether employers are making payments correctly, especially FGTS and INSS, which were previously more difficult to verify.

Changes in labor relations also help justify the increase in data. The labor reform has created a feeling that it is not possible to go to court, says Antonio Carlos Souza de Carvalho, a lawyer specializing in labor economics and a partner at Souza de Carvalho Sociedade de Advogados.

You need to gather some evidence to file a lawsuit. Carvalho recommends that the person have WhatsApp conversations and emails that document the situation the employee is in. If you are going to talk to your boss about the problem, you can also record the conversation, which can be used as evidence in the process.

In the same way that an employer can fire someone without or with just cause, an employee can resign without or with just cause. [que é a rescisão indireta].
Antonio Carlos Souza de Carvalho, Attorney