Plano de demissão voluntária

Abstract

The present work is about the plan of voluntary resignation, hypothesis of contractual termination, controversial subject and little doctrinally dissertation. However, before discussing the main topic, it was necessary to briefly explain the individual work contract, indicating the requirements for its validity, as well as its legal nature, characteristics and elements. In addition to the employment contract, it was essential to deal in detail with the contractual termination, which may occur at the initiative of the employee, when resigning or terminating indirectly or at the initiative of the employer, upon dismissal with just cause or without just cause. When dealing with dismissal can not fail to talk about stability and guarantee of employment, cases in which the employer can not dismiss the employee, unless you pay compensation. In addition, it had also been addressed on the termination of the employment contract due to the disappearance of one of the parties, as well as on the termination of the employment contract by agreement between the parties, a hypothesis arising from labor reform and collective dispensation. Regarding the plan of voluntary dismissal, which is the main theme, it had been discussed about formalization, the importance of a valid collective agreement; adherence to the voluntary redundancy plan; general discharge clause, the understanding of the Superior Labor Court and the understanding of the Federal Supreme Court; possibility of reservation, to ensure the rights; the forecast of the plan of voluntary resignation in the labor reform; and the benefits to the employer and the employee