Having the complainant confirmed in court the voluntary abandonment of the workstation, was considered as legal farewell by just cause operated by the company. With this understanding, the Judge of the 2nd Jacareí / SP work accepted the employer's thesis of defense, presented in a labor claim in which the employee postulated the indirect termination of the contract of employment due to the supposed occurrence of accumulation of functions and absence payment of additional insalubrity.

In question for the indirect termination request as a result of supposed contractual noncomplements by the undertaking, in a hearing, the worker recognized that after the discharge of the INSS is spontaneously stopped appearing at the job, as well as It did not require the reestablishment of the disease aid.

In addition to the indirect termination request for the employment contract, the requests for plus salary by accumulation of functions, additional insalubrity and compensation arising from occupational disease.

Based on the understanding that the claimant, besides having been a remuneration greater than two minimum wages, is currently an entrepreneur, the magistrate rejected the request for free justice and condemned the author to pay costs in the amount of R $ 14,215,21.

for Dr. Diego Herradon, "This is a very peculiar case, because the company only took note of the discharge of the INSS with the application of the action and, after conducting an investigation, he found that the author, besides not have returned to work, developed business activity. With the confirmation of such facts by the complainant, the just cause applied at first hearing, as well as dismissed the request for free justice, and the maintenance of the decision Regional Court. "