A embriaguez habitual do empregado como razão da despedida por justa causa: o (des)amparo do trabalhador

Abstract

The work presented is the result of a research developed during approximately two, whose objective is to analyze the of alcohol abuse in the worker's life, especially when this fact leads to termination of the employment contract. The methodology used was the bibliographic, documental and descriptive-exploratory research of the qualitative and quantitative approach. A historical study was done on alcohol and alcoholism, and later the legal framework of the employment contract was analyzed, addressing the main characteristics of the employment relationship, the power of the employer and the extinctive forms of the employment relationship, especially dismissal for just cause because of the habitual drunkenness of the employee. Was approached the classification given by Medicine (through OMS) to the abusive consumption of alcohol and comparatively found how the Law has treated the alcoholism in the work environment. The work was enriched by the opinion survey, conducted through interviews with union officials from five professional categories in the city of Salvador-Bahia, having as main objective to verify the participation / aid of the union to guarantee the necessary assistance to the alcoholic workers of those categories. Collection of secondary data was performed published on DATAPREV website and subsequent analysis, referring to the amount of benefits granted during the years 2008 and 2017 in the form of accidental sickness aid, as a result of the disease identified by CID F 10 (mental and behavioral disorders due to alcohol use). Lastly, it is concluded that there is a need to implement or develop programs to prevent alcoholism and assistance to the alcoholic in the companies, as well as the need to create public policies specially developed for the prevention of alcoholism in the workplace and to assist the alcoholic employee.