O limbo jurídico trabalhista-previdenciário: a tensão entre os interesses da empresa e a efetividade dos direitos trabalhistas do obreiro

Abstract

This research intends to study and to draw up considerations about the social security-labor limb in order to point out and demilitarize the existing problem in the absence of regulation coming from the discharge granted by the INSS. When sick the employee is referred by the Employer's Welfare in order to start receiving the benefit of the sickness benefit and improve the illness that affects him. At some point, the INSS grants the discharge by the social security doctor and, in this way, the insured must go to the employer to return to work. Unfortunately, not all discharges occur when the insured is already recovered. When the employer diagnoses that the disease still affects the worker, the worker can not return to exercise his work, making between the return of the grant of the benefit and the high social security, the employee has no source of income. The purpose of this paper is to explain the position that doctrine and jurisprudence must adopt in order to remedy the existing limbo in the absence of regulation, and to do it in the best way to ensure the rights of the employee.