Silent discounts and illegal practices are on the rise

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November saw the beginning of strategic corporate layoffs, with questionable practices such as coercive agreements, pressure to leave, and irregular layoffs, leading to an increase in lawsuits and allegations of moral coercion and illegal wrongdoing.

As the company calendar closes, many HR departments begin “restructuring” processes that involve mass layoffs, silent cuts, or forced agreements with employees.

What appears to be part of year-end financial planning often hides illegal practices, such as:

Pressing the worker to “ask to leave”

Proposals for an “amicable agreement” to avoid payment of full end-of-service benefits,

– Dismissing employees who are sick, stable, or undergoing treatment.

According to a study by the Labor Court, the number of procedures for illegal abortions increases between November and January. The trend is upward, especially with increasing complaints of moral coercion and simulating agreements.

For lawyer Juliane García de Moraes, from Moraes Advocacy, who specializes in labor law, this period is one of the most sensitive times of the year for workers:

“There is an institutional discourse that ‘everything can be resolved by agreement’. But many of these agreements are concluded under pressure, without transparency, and in some cases, with no consent. This violates the law.”

Julianne explains:

The worker is not obliged to accept an extrajudicial agreement;

If you are away due to an occupational illness, you have the right to temporary settlement;

It is legally possible to overturn an unjustified dismissal, including a request for reinstatement and compensation.

“Workers need to understand that accepting an agreement without clarity, especially in moments of emotional or health fragility, can be a trap. The legal system is there to protect, not to expel.”

The Employment Court has increasingly recognized the relationship between unjustified dismissal and moral injury, especially in cases of:

Closing during medical leave,

Separating a pregnant woman without her knowledge of the pregnancy,

“Agreements” concluded without legal assistance.

In a month marked by lockdown, Julienne stresses that a worker cannot be fired according to the company’s plan: “The end of the year cannot justify abusive practices. Every dismissal must respect the legal rituals and, above all, the dignity of those who have worked.”