LEI 12288 DE 2010 PDF

Laws 7,, of. LDB: Lei de. Reclassification of Cardiac Antiarrhythmic Drugs. October 23, Circulation.

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Maximum probationary trial period in months : 3 Remarks: Art. However, for the purposes of determining compensation for unjustified dismissal, the first year of a contract of an unspecified duration shall be deemed to be a trial period and any worker who has not completed such period would not be entitled to compensation art. Pay in lieu of notice : Yes Remarks: Art. Notification to the public administration : No Remarks: No prior notification as such.

Approval by public administration or judicial bodies : No. Definition of collective dismissal number of employees concerned : There are no legal provisions on collective dismissal. Prior consultations with trade unions workers' representatives : No. Priority rules for collective dismissals social considerations, age, job tenure : No. Employer's obligation to consider alternatives to dismissal transfers, retraining Priority rules for re-employment : No Remarks: Note.

Law Deposits are adjusted for inflation. Workers under a fixed-term contract who are dismissed without cause are also entitled in addition to the aforementioned amount, to the payment of sum equal to half the remuneration to which he or she would have been entitled on the expiry of the contract.

These sums are payable upon dismissal together with any other employee's entitlements, and there is no need for a Court decision acknowledging the absence of just cause. Compensation for unfair dismissal - free determination by court : No.

This compensation for termination of employment is not payable until one year of employment has been completed. If a serious offence is not duly established, they shall be reinstated or be awarded compensation if the Court declares that reinstatement is not advisable art.

If serious reasons for dismissal are not recognized by the Labour Court, they have the right to be reinstated. Preliminary mandatory conciliation : Yes Remarks: Art CLL: All labour disputes, whether individual or collective, which are referred to a labor court shall be submitted to conciliation proceedings before the labour judges. Recourse to the labour courts is compulsory, without exemption, except for good and sufficient reason.

In localities which do not fall within the jurisdiction of the conciliation and arbitration boards, the judges of ordinary jurisdiction shall be responsible for the administration of justice in labour matters art.

It denounced it on 20 November ILO is a specialized agency of the United Nations. Remarks: Art. These categories are governed by specific Acts Domestic workers: Act No. Note: Both agricultural workers and domestic workers are entitled to the fundamental labour rights guaranteed by Article 7 of the Federal Constitution.

Contracts for a specified period are valid only if they govern services whose nature or transitional character justifies the fixing of their duration in advance, transitional activities carried out by the undertaking, and contracts of a probationary nature. Remarks: Under the CLL, either party can terminate a contract of indefinite duration at will by observing notice requirements.

In addition, an employer who dismisses an employee without cause has to pay a specific compensation see remarks under severance pay. The Constitution provides for the right of rural and urban workers to be "protected against arbitrary dismissal or against dismissal without just cause, according to a supplementary law which shall establish termination pay, among other rights". Protection against arbitrary dismissal has not been implemented yet. Certain categories of employees enjoy job stability and therefore can only be dismissed for serious reasons see "workers enjoying special protection".

In cases where the employee has committed one of the grave misconducts enumerated under the CLL, the employment relationship may be terminated by way of "dismissal for just cause" art.

In such cases, notice and compensation requirements shall not be observed. Remarks: - Pregnant employees enjoy job stability and cannot be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement this covers the duration of maternity leave which is days art. See also Act of , which prohibits any form of discrimination against women in employment including on the grounds of pregnancy.

Remarks: - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter art.

If the Court declares the dismissal unjustified, such category of employee has the right to reinstatement. The CLL also provides that if the employer fails to prove the existence of disciplinary, technical, economic or financial reasons before the Court, those employees shall be reinstated art.

Remarks: No prior notification as such. Remarks: Note. Remarks: Art CLL: All labour disputes, whether individual or collective, which are referred to a labor court shall be submitted to conciliation proceedings before the labour judges. Site map Contact us. Contracts Substantive reqts. Procedural reqts. Prohibited grounds : Remarks: - Pregnant employees enjoy job stability and cannot be dismissed except for serious reasons from the date the pregnancy is confirmed until five months after confinement this covers the duration of maternity leave which is days art.

Workers enjoying special protection : Remarks: - The Constitution prohibits the dismissal of a unionized employee, except on account of a serious misconduct from the moment he or she registers as a candidate for a leadership or representative position in the trade union and for one year thereafter art.

Prior consultations with trade unions workers' representatives : No Notification to the public administration : No Notification to workers' representatives : No Approval by public administration or judicial bodies : No Approval by workers' representatives : No Priority rules for collective dismissals social considerations, age, job tenure : No Employer's obligation to consider alternatives to dismissal transfers, retraining

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