Efetivação de direitos fundamentais de trabalhadores doentes

Abstract

The study assessed the reality of sick dismissed workers and presented the current scenario of public worker health policies in Brazil. It discussed the possibility of creating, through collective bargaining agreements, labor rehabilitation programs offered by unions and cooperatives that all workers, employed or not, would be entitled to, regardless of the nature of the disease presented and of the existence of a previous social security leave. In this context, were also inserted workers with chronic illness with reduction in their work capacity, so that they could be referred to the rehabilitation program if it is in their interest to qualify for a new function, even if they have not been or will not be away from work. It suggested alternatives and measured whether, through them, it would be possible to reduce layoffs for sick employees, requests for social security benefits and their renewals, individual claims in the labor and social security areas, as well as the problems encountered by employers to rehabilitate employees within the scope of company. It approached the approximation between workers and unions as a means of strengthening said entities and, consequently, increasing their revenues and also discussed the possible gains and improvements for employee, employer, unions, Courts, Social Security and public health system through the adoption of alternatives presented. The analysis was developed based on a survey of lawsuits involving the dismissal of sick employees, available on a legal database website, in the two years preceding and following Law # 13,467 of July 13, 2017, known as Labor Reform. A total of 231 registered cases were found under the parameters sought and, of these, 165 judged were studied, outlining the structure of the jurisprudential understanding on the theme, as a background for the proposals and strategies