The emergency home office regime, permitted by MP 927/2020, has been adopted by many companies due to the Covid-19 pandemic. Under this regime, employees start working outside the employer's physical control sphere, working from home.
However, the big question arises when there is a need to terminate an employee’s employment bond. How to communicate and terminate the employment bond in these circumstances?
In spite of all the flexibility that the pandemic scenario brought to the companies daily routine, it is important to remember that the legislation that deals with the dismissal of employees remains in force and must be respected to avoid labor liabilities.
The law predicts that:
All severances must be paid normally within 10 calendar days of the end of the employment agreement and prior notice must be complied with or compensated.
The communication of the end of the employment bond, for these employees in social isolation, can be made via e-mail or telegram with acknowledgment of receipt.
When the company adopts the option of communicating via e-mail, it is recommended that you ask the employee to sign a term stating the actual date of dismissal.
Although the employment relationship is based on the reality of the facts, the documentation is important for the company to be able to prove when exactly the employment relationship ended, in order to be able to correctly parameterize the advance notice count and make correct notes in the worker's CTPS (work and social security card).
Both payment on the wrong date, as well as erroneous notes in CTPS can lead to fines for the companies.
Another important point is to try to concentrate every physical act that the employee needs to perform in a single day, such as signing the TRCT (termination of work contract term) and performing the dismissal exam, to avoid unnecessary exposure to contagion.
Jorge M. Camatta
Pós-graduado em Direito e Relações de Trabalho, Faculdade de Direito de São Bernardo do Campo.
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