BARROS NETO, S.; http://lattes.cnpq.br/2656605098822977; BARROS NETO, Sandoval.
Abstract:
This research intends to analyze the importance of the employment protection
program as the essential factor for the economic development of the State and the
employing maintenance levels, in view of the employee condition of hiposufficiency in
relation to the employer in the employment relationship and that this employee is
subject holder of institutionalized rights by the Consolidation of Labor Laws of 1943
and Brazilian Federal Constitution of 1988. That is, with the effective guarantee of
maintaining employment and the consequent flexibility of labor rights owed to the
employee through employment protection program, it is assumed that, because of
such guarantees, there is a social improvement on the standard of living of the
employee and your relatives, directly influenced by the employment condition of this
employee and an economic improvement by continuing labor productivity, which the
main interest is the state, that has in the employment protection program an
expectation of economy development as a consequence of the salary expenditure of
employees due to the preservation of the employment relationship. Thereby, the
effectuation of the employment protection program is given by the implementation of
public labor policies that, valuing the improvement of existing failures in the labor
relationship and in the employee condition of hiposufficiency, allows this employee
the maintenance of His job and salary, as well the legalization of this program,
through the Law 13.189/2015. The Objective of this study is to analyze the program's
constitutionality, using such methods to achieve this result the doctrinal research and
taking stock with the laws that assign such a measure. In this way, this Law is
included in the labor context fruit of social disregard with workers that, because they
don’t have an effective guarantee of job, grow in the labor market margin, being
totally and completely subordinate to the employer, may have lost Their job as a
result of particular decisions or economic downturn
