Moral Damage at Work
Indemnities
At Indemnity Advocacy, we work in the most diverse areas of law, seeking to recover the losses unduly experienced by clients.
These indemnities, depending on the specific case, updated, usually vary between R $ 2,000.00 (two thousand reais) and R $ 20,000.00 (twenty thousand reais).
Our team of lawyers is specialized and will certainly be able to assist you in the search for the rights that you are entitled to. We operate throughout the State of Santa Catarina, more specifically in Joinville, Jaraguá do Sul, Blumenau, Florianópolis, Balneário Camboriú, Criciúma and surroundings.
Moral Damage by Working in Degrading Conditions
The right to indemnity for moral damage presupposes proof of the employer's guilty conduct, the damage to the employee and the causal link between the employer's act and the damage suffered.
The poor sanitation of the sanitary facilities, the lack of a toilet at the construction site, as well as the lack of an adequate place for meals and access to drinking water, in addition to the precariousness of the accommodation, demonstrate licit attitudes of the employer (boss), being due indemnity for pain and suffering.
This is because, it is up to the employer to offer adequate working conditions to those who make the activity feasible, with strict observance of the rules of hygiene, health and safety at work, as one cannot deal with people in the same way as operating a machine.
As the worker is exposed to degrading work conditions, the vulnerability of his personal dignity remains configured, giving rise to his right to claim the payment of indemnity for moral damages, as provided in the Federal Constitution and the Brazilian Civil Code.
Therefore, since the worker does not enjoy dignified and healthy working conditions, the principle of the dignity of the human person and the social value of work, of a constitutional nature, have been debased. In these situations, work accident situations are also foreseen as a result of non-compliance with regulatory standards.
From another north, the fact that the work is carried out externally, on the streets, does not imply releasing the employer from taking care of the conditions in which it is provided. In any case, it is up to the employer to take care of such conditions.
Therefore, the provision of services in inadequate conditions, capable of generating situations of manifest aggression to intimacy, safety and health, constitutes, unequivocally, degrading work, which gives rise to indemnity for moral damages.
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Moral Damage for Moral Harassment at Work
Labor Law was born in the industrial sphere, having a working-class origin and only later covered other economic activities, appearing first in the field of Private Law and later in that of Public Law.
As a result of the peculiar subordination to the contract with an employment relationship, the employee is under the directing and disciplinary power of the employer, the latter being responsible for organizing production and assuming the costs arising from his undertaking.
The employer must stick to the realization of the values that the Labor Law intends to realize, finding its limits in the dignity of the human being, being the holder of the directive and disciplinary power. It also has the task of providing conditions that guarantee the physical and mental well-being of the worker, endeavoring to restrain all excesses.
With regard to bullying at work, it can be externalized through excessively rigorous treatment, with orders to "hit goals" at any cost and demands for work that exceed the employee's strengths. Suffered humiliation also occurs with sexual harassment, name calling and racial injury. Scolding tactics range from rejection to criminal injury.
The targeted employee is subjected to defamation, verbal abuse, aggressive conduct and cold and impersonal treatment. Within this framework, some victims are often chosen to do the most unpleasant tasks possible, those that no one else wants to perform, or are purposely given excessive work, efforts to work productively are sabotaged, not provided to them - or are retained - the information necessary for the performance of the activity, receives derogatory nicknames, suffers isolation, always receiving derogatory comments, etc.
The victim of the harassment feels assaulted in his dignity and loses his self-esteem, since the person who harasses him acts frequently, aggressively, in a cynical and relentless way, making it impossible to react sufficiently to remove the circumstances, undermining the physical and mental health of the victim. employee, leaving him isolated and off-center. The situation causes physical and mental suffering, leads to illness and even death, and translates into a phenomenon present in the current life of workers that directly damages their dignity, also affecting their material heritage.
As seen, since human heritage is made up of tangible, tangible assets, which can be economically measured, and yet that immaterial, intangible part, formed by feelings, such as honor, self-esteem, modesty and personality, it is up to the Law to repair everything type of injury, whether material or immaterial, so the injured worker, through moral harassment, has ensured judicial protection, especially because the 1988 Constitution guaranteed dignity as a fundamental right of all Brazilians.
Therefore, the provision of services in inadequate conditions, capable of generating situations of manifest aggression to intimacy, safety and health, constitutes, unequivocally, moral harassment at work, which gives rise to indemnity for moral damages.
Moral Damage Resulting from Personal Magazine
In order to configure the duty to repair moral damage, which presupposes the infringement of personality rights, the following must be present, as essential requirements of this form of obligation, the agent's error of conduct, by action or omission (unlawful act), offense against a specific legal asset of the postulant (the existence of the damage), the causal relationship between the anti-legal conduct and the damage caused (causation), as well as the fault of the offending agent.
The act of the personal search carried out by some companies, even without physical contact, attacks the privacy of the worker and violates the principle of dignity of the worker, who is subjected to an undoubtedly embarrassing situation, resulting from the suspicion of committing a crime, not being, thus, authorized by the employer's directive power.
Many magazines go beyond the limits of reasonableness, as employees are subjected to vexing or clearly embarrassing situations, leaving the duty to indemnify configured, for abuse of the employer's directive power.
Therefore, the personal search of the employee or his objects, carried out in excess or non-conformity, constitutes, unequivocally, an illegal act, which gives rise to indemnity for moral damages.
Moral Damage for Discriminatory Act or Vexatious Situation
The central axes of Constitutionalism engendered in the Democratic Rule of Law are pluralism, the dignity of the human person, acceptance, otherness and freedom. Respect for individual life projects is assumed, the recognition of particular choices regardless of the expectation shared by the largest social contingent.
The employer, due to his directive power, has the obligation to adopt all the necessary measures to prevent facts such as discrimination and harassing situations from occurring within the work environment. Or even after, but that have a direct relationship with the employment relationship that has occurred.
He cannot, during the bond, with his omission or his silence, agree with something outrageous that affronts the right of the worker's personality and privacy.
Therefore, any discriminatory or vexing act that occurred during the relationship and sometimes even after the end of it, unequivocally constitutes unlawful acts, which give rise to indemnity for moral damages.