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Portuguese to English translations [PRO] Bus/Financial - Business/Commerce (general) | | Portuguese term or phrase: suprimidas as verbas rescisórias | A relação de emprego extingue-se por ato do empregador com a dispensa do empregado, que será com ou sem justa causa, esta implicando a redução dos seus direitos, suprimidas as verbas rescisórias.
Does this mean the employees will not enjoy his severance pay benefits? That would seem odd in this case because it is a brief in which the claimant claims that his employer dismissed him without just cause and that he wasn't given his severance pay. Or does it mean that his rights are reduced once he has received his severance pay? |
| Paul SadurKudoZ activityQuestions: 782 ( 5 open) ( 8 without valid answers) ( 4 closed without grading) Answers: 40
| Local time: 19:46
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| | Selected response from: Verginia Ophof Belize Local time: 18:46
| Grading comment I agree this is confusing. I ended up phrasing it as cryptically as it is in Portuguese. I imagine they copied the quote without proofreading what they had written. 4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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18 mins confidence:  peer agreement (net): +1
17 mins confidence:   on payment of severance pay
Explanation: I cannot make sense of the text above, as to me it suggests that severance pay is lower "sem justa causa", which is the opposite of the case.
An employee dismissed "without just cause" receives a series of benefits: 30 days notice, with time off during that period to look for a new job, and also the employee pays him a fine of 40% of the value of severance pay accumulated during the period worked (8% of salary earned, thus effectively becoming 11.2% of salary earned) (and a further 10% fine to the government!). Also, the severance fund is automatically released to the employee in this situation.
"Just cause" is nigh impossible to prove, as labor judges take a flexible view of this. For example, in a case of a truck driver becoming drunk and crashing the vehicle, the labor judge did not consider this as a "just cause" for dismissing him, but a normal and understandable reaction to the stress of having a job and being a driver...
-------------------------------------------------- Note added at 19 mins (2012-01-23 20:53:24 GMT) --------------------------------------------------
Correction: "... and also the employer pays him..."
| Martin Riordan Brazil Local time: 21:46 Specializes in field Native speaker of: English, Portuguese PRO pts in category: 62
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| Changes made by editors |
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| Jan 25 - Changes made by Verginia Ophof: | | Created KOG entry | KudoZ term => KOG term |
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