Condutas extralaborais obreiras e a dispensa por justa causa: limites e possibilidades do poder disciplinar patronal

Abstract

This paper aims to discuss the issue of the application of just cause as a result of the employees' extra-labor behavior. For this, the dialectical method was used, since it was aimed at reaching the final conclusion through an analysis of varied interpretations and understandings. In addition, the research was carried out considering the reality and the social context in which the theme is inserted, thus allowing the reach of practical understandings and conclusions on the subject. Thus, it was necessary, first, to clarify which are the subjects of the employment relationship. Thus, the role of the employee in the employment relationship, as well as its fundamental rights, was analyzed, so that the employer's personality, the employer's powers and the limitations of these powers were analyzed. Once these considerations have been made, in the second chapter the classification of the work conducts, which consists in the division of the so-called labor and extra-labor conducts, was explained. Then, the possibility of out-of-work worker behaviors has repercussions on the employment relation, thus opening space for a possible incidence of the disciplinary power in these conducts. The analysis of the contractual resolution provoked by the just cause, which consists of the maximum penalty provided for in the legal labor law, has since passed. Finally, we sought to understand what should be the limit of the scope of just cause in the extra-labor worker practices.