DISMISSAL FOR JUST CAUSE OF WORKERS WHO, UNJUSTIFIEDLY, REFUSE TO RECEIVE THE VACCINE AGAINST COVID-19 IN THE VIEW OF THE REGIONAL LABOR COURT OF THE 2nd REGION (TRT-2)

• DOI: 10.22533/at.ed.216322313013

• Palavras-chave: Vaccination. COVID-19. Collision of fundamental rights. Disciplinary power of the employer. Dismissal for just cause.

• Keywords: Vaccination. COVID-19. Collision of fundamental rights. Disciplinary power of the employer. Dismissal for just cause.

• Abstract:

  The present study aims to analyze how dismissals for just cause based on the worker's unjustified refusal to undergo vaccination against COVID-19 are being analyzed by the Regional Labor Court of the 2nd Region (TRT-2). First, a study was carried out on the collision of fundamental rights involved in the hypothesis, notably the individual right to freedom and the collective right to health. The contours of the disciplinary power of the employer and the possibility of evoking it for the imposition of indirect inductive measures to vaccination were also delimited. Afterwards, all localized judgments issued by the Labor Court of São Paulo on the subject were analyzed. It is concluded that dismissal for just cause has been admitted by TRT-2, mostly, as an act of insubordination and indiscipline, under the terms of article 482, paragraph h, of the Consolidation of Labor Laws (CONSOLIDATION OF THE LABOR LAWS). It was noted that most of the decisions did not address the employer's pedagogical responsibility, nor did they analyze the specificities of concrete cases.