Os efeitos do recebimento dos benefícios previdenciários no contrato de trabalho

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The main purpose of this study is to analyze the effects that the receipt of social security benefits have upon work contracts. The impact of some social security benefits is clearly evident in labor relations proving the legal, economic and social relevance of this study, which is based on the attempt to resolve current controversial issues arising in this area where research work is still lacking. Among the hypothesis mentioned, we have found the possibility of suspension, interruption or termination of the work contract, as well as the vesting of tenure rights as a result of receiving certain social security benefits. As to the theoretical-methodological aspects, we collected and studied articles and other doctrine pertaining to this subject, without disregarding the legislation and former court decisions on the matter. The results obtained with the thesis lead us to the conclusion that, the social security benefits granted due to disability cause the suspension of the work contract (after the 16th day of leave of the employee), the benefits granted due to retirement age or period of contribution cause termination of the work contract, and tenure rights are assured in case of workmens compensation or maternity leave. The effects of the receipt of social security benefits can be observed also during prior notice of dismissal or after termination of the work contract

ASSUNTO(S)

recebimento dos benefícios previdenciários direito previdencia social -- brasil contrato de trabalho -- brasil receipt of social security benefits

ACESSO AO ARTIGO

Documentos Relacionados