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Abandonment of Employment Can Lead to Just Cause and Loss of Rights. Unjustified Absence for More Than 30 Days Can Result in Immediate Dismissal and Loss of Labor Benefits.
The abandonment of employment is one of the serious offenses provided for in the Consolidation of Labor Laws (CLT) and can result in dismissal for just cause, with the loss of a significant part of severance rights. As provided in Article 482, item “i” of the CLT, it occurs when the employee fails to appear at work for an extended period without a valid justification, demonstrating an intention not to return to their duties.
For the employer, this situation poses a risk to the continuity of operations and requires a formal response supported by law. However, the application of just cause must follow technical and documentary criteria to avoid labor liabilities.
How Employment Abandonment is Characterized
To configure abandonment of employment, two requirements must be present:
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- Objective Element: prolonged and unjustified absence of the employee.
- Subjective Element: clear intention not to return to work.
Just the absence, no matter how long, is not sufficient. It must be proven that the employer attempted to contact the employee, formally notifying them and granting a timeframe for return. Labor jurisprudence considers an absence exceeding 30 consecutive days as strong evidence, unless there is proof of a legitimate reason.
Situations that Reinforce Characterization
Certain behaviors of the employee increase evidence of abandonment, such as signing a contract with another employer without informing the current company, ending a social security benefit without returning to work, verbally stating that they will not return, or failing to respond to a registered summons.
In these cases, the company should gather documentary evidence, such as time records, copies of notifications, and delivery protocols, ensuring legal backing for the termination.
Correct Procedure for the Employer
Before applying just cause, the employer should follow formal steps:
- Record all absences in the timekeeping system.
- Send a registered letter with acknowledgment of receipt (AR) requesting return or justification.
- Grant a reasonable deadline for response.
- Document the entire process.
If the employee does not respond, termination for just cause can be formalized, always based on evidence that supports the decision.
Rights in Dismissal for Just Cause
In the case of abandonment of employment, the worker loses important benefits, such as notice pay, withdrawal of FGTS with a 40% fine, and unemployment insurance. They only receive the salary balance and accrued vacation with an additional one-third.
The employer must record the exit date in the Employment Record Book (physical or digital) without indicating the reason for the termination, reserving this information for internal records and in the eSocial system.
Care to Avoid Errors
It is essential to differentiate abandonment of employment from legitimate absences, such as medical leave, work-related accidents, or vacations. If the absence is caused by a serious fault of the employer, the employee may resort to indirect termination.
Therefore, the decision must be made carefully, always observing the principle of good faith and supporting each step with adequate documentation to prevent labor lawsuits.
And you? Do you think that the 30-day period is sufficient to characterize abandonment of employment or should it be different? Have you witnessed such a case in your company? Share your experience in the comments.
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