Brazil labor laws: rights regarding dismissal and workplace accidents

Under Brazilian labor law (CLT), employees have specific rights and protections regarding various forms of contract termination and workplace incidents.

Dismissal for cause (justa causa) occurs when an employee commits a serious infraction, such as job abandonment, indiscipline, or theft. In these cases, workers lose rights to severance pay, proportional 13th-month salary, proportional vacation pay, and FGTS withdrawals. Job abandonment is specifically characterized by unjustified absence and the intent not to return; while the CLT does not set a universal 30-day rule, the Superior Labor Court (TST) presumes abandonment if an employee does not return within 30 days of social security benefits ceasing.

In contrast, dismissal without cause entitles workers to several benefits, including notice periods, proportional vacation with a one-third bonus, proportional 13th-month salary, and FGTS penalties.

Regarding workplace accidents, the law triggers both social security mechanisms for financial support and potential criminal liability if negligence is found. Employers are legally obligated to issue official documentation to register such incidents, which serves as the basis for subsequent legal and social security claims.