Labor Law and Management of Human Resour
The Damage existential neo concept in Judiciary Labor Autor: Cristina Benedetti – OAB/RS 69.317 Advogada Área Trabalhista e de Gestão de RH da Scalzilli.fmv
A new concept has drawn the attention of legal and especially employers more aware : it is the " existential damage labor relations ."
Shed already popular moral damage , the damage is an existential modality of damage still little discussed by the labor court , but should be easily merge the traditional insurance claims that abound Disputes . Proof of this is the decision of the Superior Labor Court , which sentenced this June for the first time , a company to pay compensation for existential damage to one of its employees .
Conceptually, the existential damage labor relations indicates the violation of the basic rights of the employee who , unable to enjoy , even partially , of his life " outside of work " , see curtailed their social and family relationships , which may frustrate your life projects . Examples of actions that could give rise to the existential damage , according to a theoretical framework that advocates would be excess journey, the unilateral change in the date of holidays and work on weekends and holidays .
The institute brings a concern with the social worker , enforcing the idea that the employer can not, by the continued imposition of excessive work , depriving the employee of your practice activities of a personal nature , such as recreational, cultural and religious . In summary , the understanding of innovative institute is that the work can not " consume " all the energies of the employee , depriving him of his personal life .
The dissemination of this neo institute between labor claims shall not delay to occur , and although it is authoritative for the care with legitimate human worker should bring increased labor subject to a large number of employers , which , in fact, only underscores the importance of continued work in the prevention and acute labor routines , as the best way of reducing the risk of convictions arising from labor relations, these risks increasingly growing .
