What is Constructive dismissal (rescisão indireta)?

Constructive dismissal is the “employer’s dismissal for cause”. When the company commits a serious fault — breach of contract, excessive harshness, non-payment, demanding work foreign to the contract (the situations of art. 483 of the CLT) — the employee may seek termination with the same entitlements as a dismissal without cause (prior notice, the 40% FGTS penalty, unemployment insurance).

The defense disputes the seriousness and the timeliness of the fault, and often the maintenance of the relationship during the case.

How LABORIS AI uses it

LABORIS AI weighs the constructive-dismissal claim by the court’s grant pattern and the proof of the fault, estimating the defensibility.