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Five Things That Employers Think They Can Do to Workers, but Cannot. Know the Five Common Practices That Employers Try to Impose, but Which the Law Prohibits, Ensuring Real Protection for Workers.
The things that employers think they can do to workers, but cannot are among the leading causes of labor lawsuits in Brazil. Even with clear legislation, many employers still violate basic rights, either out of ignorance or to cut costs.
According to a report from Terra Brasil, lawyer Alexandre Ferreira (OAB/MS 14646) reminds us that workers who know their rights can better protect themselves and seek compensation in court. Ignoring abuses can mean loss of money, time off work, and dignity in the workplace.
Employment Registration Since the First Day
Among the things that employers think they can do to workers, but cannot is delaying the signing of the employment contract. According to the CLT, the contract must be registered within 48 hours, including cases of trial contracts.
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For the economist José Kobori, the USA gained a trump card to “blackmail” Brazil and undermine China’s influence by classifying the PCC and Comando Vermelho as terrorists, increasing the power to pressure companies, banks, and even Pix.
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The labor shortage has changed its face in Brazil: companies hire 80% more, but workers stay only 6.8 months in the job, the service market becomes a “revolving door,” and businesses spend increasingly more to train teams that soon leave.
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Chinese giant chooses SC to set up its first factory in Brazil, investing R$ 250 million and producing MRI machines costing R$ 10 million each, with 100 direct jobs and 5% of revenue allocated to research.
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After selling a unit for R$ 115 million to pay off debts, a traditional factory in SC founded in 1932 has a new R$ 64.8 million plan denied by the court and retains about 690 workers in Joinville.
If the employer fails to comply, the relationship may be converted into an indefinite-term contract, with potential fines. Having the employment contract signed from the start is an essential guarantee to prevent fraud and legal insecurity.
Refusing Medical Certificates Without CID
Another example of things that employers think they can do to workers, but cannot is rejecting medical certificates that do not include the CID (International Classification of Diseases). This requirement is illegal, as it violates the employee’s right to privacy.
The Superior Labor Court and the Federal Council of Medicine state that the certificate must be accepted without the CID, as long as it contains the basic information: signature, CRM, and period of absence. Refusal is only valid in cases of suspected forgery.
Changing Job Roles Without Employee Consent
Changing job roles without authorization is another of the things that employers think they can do to workers, but cannot. The change can only occur with the employee’s consent.
If not, it may constitute a deviation of function or even a breach of contract. The law protects workers from unilateral changes that harm their career or compensation.
Forcing the Sale of Part of Vacation
Forcing the worker to convert one-third of their vacation into cash is illegal. This is yet another of the things that employers think they can do to workers, but cannot, as the CLT makes it clear that monetary compensation for vacation is an employee’s choice.
The worker has the right to decide whether or not to sell part of their vacation. The decision is personal and cannot be imposed by the employer.
Paying Salary Only on the 10th of the Month
Finally, one of the things that employers think they can do to workers, but cannot is delaying payment. The CLT establishes that the salary must be paid by the fifth business day of the following month.
When the company pays only on the 10th, it constitutes a delay, subjecting it to corrections, interest, and even legal actions. Receiving on time is a basic right that guarantees the worker’s survival and financial organization.
These five things that employers think they can do to workers, but cannot show how information is the best tool for defense. Informed workers can demand their rights and avoid abuses that still persist in the market.
Have you ever faced any of these situations? Have you had issues with your employment contract, vacation, or delayed salary? Share your experience in the comments; we want to hear the reality of those who live this day to day.
Sim,fiquei de licença médica e quando retornei tiram a função banheira ,pois antes eu era banheirista e auxiliar de serviço gerais e me transferiram para outra escola
Eu trabalho em regime de escala offshore, mas nunca consigo cumprir minha escala de folga. Embarco 14 dias ou mais e folgo 2 a 3 dias e tenho que retornar. nunca consigo programar um compromisso porque nunca sei o dia que vou está de folga
Sai de uma empresa por desvio de função,fui contratado pra uma área após um mês me colocaram em outra.