Projeto de lei 3011/2011 e a possibilidade de licença remunerada via CLT para tratamento de filho menor ou dependente econômico com doença grave.

Abstract

All the normative structure of the labor law branch develops from the factual finding of social differentation, economic and basic policy among the subjects of the employment relationship, as, employer and employee, as it seeks to legally compensate for the economic inferiority of the worker at a disadvantage, less favored in this relationship. This is what informs the very principles of labor law, most obviously the protection principle of the worker . The suspension and interruption of the employment contract are institutes that unquestionably demonstrate such protection to the worker, because they establish that, under certain circunstances, the employment contract will be fully or partially paralyzed in regard to the obligations of the contracting parties, but keeping up the employment relationship formed between these. Such institutes enshrine continuity of service, which affects favorably to the worker due to the economic advantages, intellectual and social statement that will reflect on it. So, the present study is an analysis of the legal possibility of Law No. 3011/2011, which proposes the inclusion of the CLT new hypothesis of interruption of the employment contract, which is the serious illness of the youngest son or economic dependent whom the employee has the legal custody, in order to verify the plausibility of the proposal against the Brazilian legal system, taking as a basis the principles of human dignity, protection of the worker, and especially the principles of full protection child and adolescent and child's best interests. The research, qualitative, was based on indirect documentation, and developed from the deductive and interpretive approach method. Finally, we concluded the relevance of the PL 3011/2011 proposal before its conformity with national law and shall be reviewed only on the duration of leave time as well as the holder of the responsibility of the financial burden generated by the same.