Indirect Termination: What is it? Who has the right?

Although it is not very common, indirect termination is a possibility guaranteed by law that occurs when the employer does not comply with legal labor clauses or individual contracts.

What is indirect termination?

Indirect termination is a type of contract termination provided for by law in CLT (Consolidation of Labor Laws).

It occurs when the employee considers that the company has committed a serious error that prevents him from continuing to provide services to the employer.

In other words, indirect termination can be considered as the opposite of dismissal for just cause.

In this case, instead of the company firing the employee, it is the employee who requests his/her dismissal from the company.

However, this termination due to indirect termination must be based on some specific situations defined by law.

Therefore, indirect termination is a way of protecting the employee against abuse caused by the employer.

And it allows the termination of the employment contract with payment of severance pay, as well as compensation for moral or material damages.

But it is important to remember that indirect termination is only validated when you actually prove the employer's serious misconduct.

There are several situations that can define indirect termination, such as late payment, poor working conditions, moral harassment or deviation from function.

However, each case needs to be analyzed individually and the particularities of each situation will be taken into account.

What are the reasons for indirect termination?

The reasons for filing an indirect termination measure are when the employee goes through situations that involve any type of moral offense.

And as mentioned above, in addition to bearing the costs, the employee can also request compensation for moral and material damages.

Therefore, we will list the reasons that give grounds for indirect termination.

Delay in salary payment

If you find yourself in this situation, be aware that late salary payment is one of the main causes of indirect termination.

Because when the employer does not pay your salary on time, he is failing to fulfill a contractual obligation.

And this can cause financial and emotional losses to the employee.

Since late payment may prevent the employee from honoring their financial commitments, such as paying rent, electricity bills, among others.

Moral harassment

Another common reason for indirect termination is moral harassment, which is nothing more than abusive conduct intended to humiliate the employee.

In other words, the act of embarrassing or emotionally destabilizing the employee by the employer, co-workers, or third parties related to the company.

Moral harassment can have serious consequences for mental health and even the employee's physical condition, as well as depression, anxiety, stress, among others.

Lack of adequate working conditions

Another possibility that can be characterized as indirect termination is the lack of adequate working conditions for employees.

In other words, when your employer does not meet the requirements to provide safety and well-being to employees.

For example, it is the company's obligation to provide personal protective equipment (PPE), training appropriate to the role and a safe working environment.

In other words, avoid anything that could pose a risk to your health and safety.

Therefore, any situation that falls outside of these obligations may cause harm to the employee's health, in addition to putting their life and physical integrity at risk.

Function deviation

Another reason that can be seen as a reason for indirect termination is job deviation.

In other words, this happens when you are hired to perform a certain function and are required to carry out activities that are not included in your employment contract.

Therefore, this is a situation that can cause harm to the employee, since they usually do not receive adequate training.

In addition to often not receiving the remuneration corresponding to the position held.

Who is entitled to indirect termination?

Before knowing whether you are eligible or not, it is important to be aware of the topics mentioned above.

Because in it we list the main serious faults that can be committed by employers and that lead to this type of dismissal.

Such as late wages, poor working conditions, moral harassment, among others.

How to carry out indirect termination?

Indirect termination is an extreme measure and should only be taken when all alternative solutions have been exhausted.

Firstly, the ideal is for the employee to seek to resolve the situation amicably.

Taking the problem to your employer or superior and trying to reach an agreement.

It is ideal that these conversations are recorded by the employee and the company, so that there is no room for doubt when proving the attempt at an amicable resolution.

However, if the situation is not resolved amicably, the employee can seek help from an employment lawyer to receive all the necessary guidance.

However, it is important to remember that the process can be lengthy, as there is a need to present evidence and attend hearings in the Labor Court.

Therefore, in the indirect termination process, the employee will need to prove the employer's serious misconduct through documentary evidence.

As well as emails, text messages, letters and documents that prove the reality of the facts.

If the Labor Court recognizes the need for indirect termination, the employee will be entitled to payment of termination benefits.

As a prior notice, proportional vacation, proportional 13th salary and salary balance.

Furthermore, the employee may receive compensation for moral or material damages, if there is proof that he suffered losses due to the serious misconduct committed by the employer.

However, if the Labor Court does not grant indirect termination to the employee, he may be forced to continue working at the company.

And if it is complied with, it may be characterized as abandonment of work, which will be treated as a termination of the employment contract for just cause.

Conclusion

Therefore, we can conclude that indirect termination is something very serious and that it does not actually bring benefits to either party.

Since it generates costs for the employer and also harms the company's image, for the employee it can cause irreversible damage, often to their own health.

Therefore, the ideal is to always maintain a healthy relationship and to comply with everything agreed in the contract by both parties, so that later problems can be avoided.

Also find out the 4 essential principles for maintaining professional ethics.

Given that April 4, 2023

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