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Constructive dismissal and employment relationship
Americanas

Want to understand constructive dismissal (rescisão indireta) or recognition of an employment relationship with Americanas? See the requirements and first steps.

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What to do, step by step

  1. Gather evidence of the working relationship: messages, schedules, payment records, ID badge, emails and names of colleagues who can confirm the routine.

  2. An employment relationship is usually assessed on requirements such as personal service, non-occasional work, payment and subordination (arts. 2 and 3 of the CLT (Brazilian Labor Code)).

  3. Contracts that disguise an employment relationship can be challenged (art. 9 of the CLT); the topic is debated in the courts and depends on the facts of each case.

  4. Constructive dismissal (rescisão indireta, art. 483 of the CLT) is the worker’s request to end the contract because of serious misconduct by the employer, such as repeated late salary payment or failure to deposit the FGTS (Severance Indemnity Fund); only the Labor Court can recognize it.

  5. Before making any decision, contact your trade union, the MTE (Ministry of Labor and Employment, Disque 158) or a lawyer; ceasing to show up for work without guidance can bring risks.

Official channels for workers

Labor inspection
MTE · 158
Public Labor Prosecutor’s Office
MPT: guidance and complaints
Labor Courts
Superior Labor Court (TST)

Frequently asked questions

What is the difference between constructive dismissal and resignation?

In resignation, the worker ends the contract of their own will and loses some severance items. In constructive dismissal, the worker alleges serious misconduct by the employer and, if the court recognizes it, receives the amounts due in a dismissal without cause.

I work as a PJ (contractor) or freelancer for Americanas; can I have an employment relationship?

It depends on the specific facts. The form of the contract alone is not decisive: the court looks at the reality of how the service is provided. There is no guarantee of recognition.

Can I keep working while I pursue constructive dismissal?

In certain situations provided by law, the worker may stay on the job until the final decision (art. 483, §3, of the CLT). The strategy should be assessed by a professional.

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