Glossary entry

Portuguese term or phrase:

suprimidas as verbas rescisórias

English translation:

withholding the severance pay

Added to glossary by Verginia Ophof
Jan 23, 2012 20:34
12 yrs ago
5 viewers *
Portuguese term

suprimidas as verbas rescisórias

Portuguese to English Bus/Financial Business/Commerce (general)
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?
Change log

Jan 25, 2012 15:21: Verginia Ophof Created KOG entry

Proposed translations

+1
18 mins
Selected

withholding the severance pay

or simply : without severance pay
Peer comment(s):

agree Sheryle Oliver : Note: The original is poorly written, with /esta/ referring to /com justa causa/ and an unstated /aquela/ to /sem justa causa/. Or someone made a double typo. Que confusão! Correct English: and the withholding of severance pay
2 hrs
Thank you Sheryle !!
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4 KudoZ points awarded for this answer. 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."
17 mins

on payment of severance pay

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...

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Note added at 19 mins (2012-01-23 20:53:24 GMT)
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Correction: "... and also the employer pays him..."
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