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People close to retirement can not be dismissed. understand in the INSS. The job guarantee of the worker who is about to meet the requirements for granting retirement in the INSS is called stability before retirement.
How can a worker know if he has stability?
First, it is necessary to calculate the service time to know when he will retire.
How long before the right to retirement does the worker acquire stability?
In the absence of a general law, to deal with this question, it is the collective agreement of the professional category which stipulates its duration. It is variable.
It includes categories that provide for one year, two additional years, but everything will depend on what has been stipulated.
As a general rule, the company in which the employee works ignores previous work contracts and must therefore be informed on a case-by-case basis.
Once the employee has met the requirements to retire, even if he does not request it, he may not be aware of the stability.
To avoid conflict between employee and employer, the ideal is to communicate with each other. lose stability?
loses.
Is the employee able to retire and continue working?
Yes, the employee is able to retire and continue working, simply can not if the pension is due to a disability.
What are the rights of retired workers after their dismissal?
All rights as they were not retired, with the exception of unemployment insurance as it can not be accumulated with retirement.
When the worker who has stability is fired, can he be reinstated in the company?
Does the employee benefit from protection when he is fired a bit before acquiring stability?
There is an interesting case. An employee who worked for more than 20 years in a company was fired two months before entering stability before retirement. The court ruled that the company had prevented him from gaining stability, ordered him to return to work and had again sentenced the company for moral damages.
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