THE DISCONNECTION BETWEEN THE RELEASE EFFECTIVENESS OF THE VOLUNTARY DISMISSAL PLAN AND WORKER HEALTH PROTECTION

Abstract

The present study presents a reflection on the liberatory effectiveness of the voluntary dismissal plan and the protection of worker health. The general objective is to investigate whether worker health can be affected in an extrajudicial transaction arising from voluntary dismissal plans. To achieve the general objective, the research described the termination of the employment contract through an incentivized dismissal program in the private and public sector, studied the implications of this program on worker health, as well as analyzed the liberatory effectiveness of the extrajudicial transaction in relation to the law worker health. It was concluded that the protection of workers' health cannot be achieved by this extrajudicial transaction, whether with union participation or not, as it consists of a fundamental right. Based on the theoretical survey carried out, the deductive method was used to deepen knowledge about the motivated dismissal plan and the need to protect the worker's health given the general and unrestricted liberatory effectiveness of this type of breach of the employment contract.