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Repeated medical certificates, coinciding with holidays, raised suspicions of fraud, resulting in dismissal for just cause confirmed by the TST
The dismissal for just cause of an employee in Sorocaba-SP was confirmed by Third Chamber of the Superior Labor Court (TST). The collaborator presented 18 medical certificates which referred to two consecutive days of absence, coinciding with holidays, which raised suspicions about the validity of the documents.
This situation reveals a problem that many companies face: the improper use of medical certificates as a way of guaranteeing time off during strategic periods, such as long holidays.
Legislation on medical certificates
According to Consolidation of Labor Laws (CLT), the employee has the right to present medical certificates to justify absence from work.
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However, the legislation also provides that the company can investigate the veracity of these documents, especially when there are signs of fraud.
Os medical certificates must be issued by qualified professionals and, in cases where regularity and authenticity are questioned, companies may require additional proof.
Employee allegations
Em 2019, the employee, along with other colleagues, was dismissed from the company with the justification that the medical certificates delivered were fraudulent. In the lawsuit, the employee claimed that all those fired had serious diseases, which, according to him, would guarantee job protection.
The employee's defense argued that the employees' health conditions were relevant and that, according to the law, they would be entitled to job stability.
Initial Court Decision
Initially, 4th Labor Court of Sorocaba accepted the employee's complaint, ordering the reversal of the dismissal due to just cause and his reinstatement into the company's staff.
However, the company appealed, presenting new documents and evidence that the doctor responsible for the medical certificates was being investigated by fraud e ideological falsehood.
This investigation is a reflection of the growing rigor of institutions in combating fraudulent practices in the workplace.
Review by the Regional Labor Court
O Regional Labor Court (TRT) da 15th RegionOn Campinas, sp, reviewed the previous decision and confirmed the dismissal by just cause.
The court noted that the complaint against the issuing physician crowded had been accepted by the Public Ministry of Labor (MPT), which corroborated the irregularity of the documents.
Furthermore, the coincidence of the dates of the medical certificates with the holidays it did not go unnoticed by the judges.
The TRT emphasized that the presence of signs of bad faith could not be ignored, especially in a context where trust between employee and employer is fundamental.
Upholding the decision by the TST
After the dismissal was confirmed, the employee appealed again to the TST, but the TRT's decision was upheld. The rapporteur of the appeal, Minister Mauricio Godinho Delgado, highlighted that the company presented sufficient evidence to demonstrate the irregularity in the medical certificates.
He also highlighted that the legal treatment given to the case by the TRT was in line with the facts and evidence in the process, and that the TST could only intervene in cases of evident contradictions.
This decision by the TST reaffirms the role of higher courts in ensuring the integrity of the labor system and the need to prevent fraud.
Implications for companies and employees
The final decision reaffirms the importance of veracity of medical certificates and the need for care on the part of companies when evaluating justifications for employee absence, especially in cases that may indicate fraud. For companies, it is essential to establish a clear protocol for the acceptance of medical certificates, including the possibility of verification with the healthcare professionals who issued them. This not only protects the company against fraud, but also ensures a fairer working environment.
Employees, in turn, must be aware of the legal consequences of presenting false documentation.
Allegations of fraud can result not only in termination, but also in lawsuits and penalties.
Integrity and honesty are fundamental to maintaining a healthy and respectful professional relationship, and any deviation from these can have serious repercussions.
Conclusion on the veracity of medical certificates
The final decision reaffirms the importance of veracity of medical certificates and the need for care on the part of companies when evaluating justifications for employee absence, especially in cases that may indicate fraud. This employee's story highlights the importance of transparent communication between employees and employers, as well as the importance of a reliable and accountable occupational health system.
Companies must be alert to practices that may undermine trust and morale in the workplace, while employees need to be aware of the implications of their actions and the impact they may have on their careers.
Fighting workplace fraud is a shared responsibility that requires vigilance and integrity from both parties.
SOURCE: TRIBUNADEMINAS
