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Repeated Medical Certificates Coinciding With Holidays Raised Suspicion of Fraud Resulting in Dismissal for Cause Confirmed by TST
The dismissal for cause of an employee in Sorocaba-SP was confirmed by the Third Chamber of the Superior Labor Court (TST). The employee presented 18 medical certificates that 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 to guarantee time off during strategic periods, such as extended holidays.
The Legislation on Medical Certificates
According to the 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.
The medical certificates must be issued by qualified professionals, and in cases where the regularity and authenticity are questioned, companies may require additional proof.
Employee Claims
In 2019, the employee, along with other colleagues, was dismissed from the company on the grounds that the medical certificates submitted were fraudulent. In the lawsuit, the employee claimed that all dismissed employees had serious illnesses, which, according to him, would guarantee job protection.
The employee’s defense argued that the health conditions of the employees were relevant and that, according to the law, they had the right to job stability.
Initial Judicial Decision
Initially, the 4th Labor Court of Sorocaba upheld the employee’s claim, determining the reversal of the dismissal for cause and their reinstatement in the company.
However, the company appealed, presenting new documents and evidence that the doctor responsible for the medical certificates was under investigation for fraud and ideological falsification.
This investigation reflects the increasing rigor of institutions in combating fraudulent practices in the workplace.
Review by the Regional Labor Court
The Regional Labor Court (TRT) of the 15th Region, in Campinas-SP, reviewed the previous decision and confirmed the dismissal for cause.
The court noted that the complaint against the issuing doctor of the certificates had been accepted by the Public Ministry of Labor (MPT), which corroborated the irregularity of the documents.
Additionally, the coincidence of the dates of the medical certificates with the holidays did not go unnoticed by the judges.
The TRT emphasized that the presence of indications of bad faith could not be ignored, especially in a context where trust between employee and employer is fundamental.
Maintenance of the Decision by the TST
After the confirmation of the dismissal, the employee appealed again to the TST, but the decision of the TRT was upheld. The reporter of the appeal, Minister Mauricio Godinho Delgado, highlighted that the company presented sufficient evidence to demonstrate the irregularity in the medical certificates.
He also noted that the legal treatment given to the case by the TRT was aligned with the facts and evidence of the process, and that the TST could only intervene in cases of clear contradictions.
This decision of the TST reaffirms the role of higher courts in safeguarding the integrity of the labor system and the need to curb fraud.
Implications for Companies and Employees
The final decision reaffirms the importance of the veracity of medical certificates and the need for care on the part of companies when assessing employees’ absence justifications, 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 health professionals who issued them. This not only protects the company against fraud but also ensures a fairer working environment.
Employees, in turn, should be aware of the legal consequences of presenting false documentation.
Allegations of fraud can result not only in dismissal but also in legal actions and penalties.
Integrity and honesty are fundamental to maintaining a healthy and respectful professional relationship, and any deviation can have serious repercussions.
Conclusion on the Veracity of Medical Certificates
The final decision reaffirms the importance of the veracity of medical certificates and the need for care on the part of companies when assessing employees’ absence justifications, especially in cases that may indicate fraud. The story of this employee highlights the relevance of transparent communication between employees and employers, as well as the importance of a reliable and responsible occupational health system.
Companies should be attentive to practices that may undermine trust and morale in the workplace, while employees need to be conscious of the implications of their actions and the impact they may have on their careers.
The fight against fraud in the workplace is a shared responsibility that requires vigilance and integrity from both parties.
SOURCE: TRIBUNADEMINAS
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