Special process of collective redundancy of challenge: study and reflection on controversial issues | 2016

Author(s) Denise Borges Pires
Advisor(s) Maria Irene Gomes
Year 2016

Synopsis With the present dissertation, titled “Special Process of Collective Redundancy of Challenge: study and reflection on controversial issues” we intend to analyze the most problematic points regarding the special procedure for challenging the collective redundancy, looking at the several thesis that our doctrine and our jurisprudence have defended about it and define, at last, the one that we consider to be the taken in by our legal system. To this end, we started our journey by analyzing the collective redundancy and the corresponding legal procedure that need to be followed by the employer. Then we will enter the central question of our study: the special process to challenge the collective redundancy, by analyzing the process of the jurisdictional sue consecrated to that goal, and then the specialties that raise more questions and discussion. We will deal with issues such as knowing if the obligation to return the compensation is an essential requirement to establish the process of collective redundancy of challenge by the employee, and considering that yes, we will study what is the “reasonable term” to make such return; it is also studied the active legitimacy in the special process of collective redundancy of challenge, and it is questioned if we are facing the figure of the coalition or the joinder; it is also studied the possible solution to the territorial jurisdiction when there are several establishments belonging to the employer which proceeds to collective redundancy in several of those establishments; it is analyzed if the worker is able to challenge the colective redundancy during the period of notice that the employer is obliged to grant the employee; as well as the issue that arises of economic analysis made by the judge of the decision to dismiss and the importance of the advisor at that analysis regarding the motivations and the technical concepts; finally, it is also treated the “saneamento” phase and we wonder if the process may end with the “saneador” judicial order, and in what cases. We conclude our journey with the analysis of other forms of reaction to the collective redundancy by the worker who considers it illegal, such as the interim measure of suspension and the dismissal common action.

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2018-07-17T09:45:05+00:00