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The Panel of the Superior Labor Court upheld the dismissal of the request for reinstatement of a tourism specialist from the Support Service for Micro and Small Businesses (Sebrae), from Pará, dismissed without cause. Disclosure Disclosure Sebrae do Pará does not need an opinion to dismiss a tourism specialist, TST decides According to the Panel, Sebrae, along the same lines as other members of the so-called "System S", constitutes a parastatal entity that is not part of the public administration. Dismissed in , after years of service to Sebrae de Belém, during which time she worked as a project management analyst, the tourism specialist claimed that the entity had not complied with the formal requirements of its Policies and Procedures Manual. The document establishes that the processes of hiring, dismissing, promoting and moving professionals will be accompanied by a prior opinion issued by the People Management Unit (UGP), but, according to her, this did not happen in her case. The nullity of the dismissal was recognized by the first instance court, but the Regional Labor Court of the th Region, examining Sebrae's ordinary appeal, reversed the sentence.
According to the TRT, there is no Greece Phone Number provision for a penalty in the event of non-compliance with the standard set out in the internal manual nor a provision that imposes the obligation to motivate the act of dismissal. The Regional Court highlighted that, according to Sebrae's Bylaws, the dismissal of employees is an act attributable to the superintendent director, and the lack of an opinion is not enough to prevent the action of higher bodies. The rapporteur of the employee review appeal, minister Breno Medeiros, explained that Sebrae, as well as the Social Services of Commerce (Sesc), Industry (Sesi) and Transport (Sest) and the National Commercial Learning Services (Senac) , Industrial (Senai), Rural (Senar) and Transport (Senat), is a parastatal entity that is characterized by being alongside the State to carry out activities of interest to the latter, but is not part of public administration. As a consequence, it is not necessary to motivate the act of dismissing employees. When analyzing Sebrae-PA's people management policy, the rapporteur concluded that, even if there was an opinion from the People Management Unit favorable to the employee, the internal rule does not provide stability.
It is advisory in nature and only establishes a procedure to support the decision of the superintendent director, the authority responsible for the dismissal. The decision was unanimous. With information from the TSTEven though in a small proportion, there are companies adopting the compliance technique , seeking transparency in their relationships with their employees, making work environments even more positive. Note the development of internal control systems for its managers and employees in order to avoid negative exposure of the company. And this is possible through a permanent internal audit to prevent and investigate violations of labor rights in the company. Consequently, attitudes that can be reprimanded repeatedly by harassers tend to disappear. It is important that companies have an independent compliance department , with a structure responsible for developing a code of conduct, monitoring its compliance and investigation, with the consequent application of sanctions to those responsible. From then on, it becomes viable to create safe channels so that employees can report conduct considered illegal and/or contrary to company rules, whether from their hierarchical superiors or their peers, aiming to curb harassment from all natures in the work relationship.
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發表於 2024-3-12 17:35:52