O limbo jurídico trabalhista-previdenciário: os impactos na relação contratual e a responsabilidade civil do empregador

Abstract

The purpose of the work is to analyze and consider the legal labor-social security limbo and the responsibilities of the employer and the social security authority (INSS) towards the employee in this condition. Legal limbo occurs when the incapacitated employee, after undergoing a medical examination, is discharged by the INSS and, upon contacting his employer, the company doctor finds that he is still unfit to carry out his work activities. In this condition, he is left without receiving a salary from the employer who prevents his return, and without receiving social security benefits, considering the medical discharge from the INSS. Thus, the research aims to demonstrate a solution to the gap present in the legislation in relation to the figure of the labor-social security legal limbo, considering that there is no specific legislative provision to deal with this case. The deductive research method was used, which obtains a solution to the case through the study of other situations and pre-existing premises to reach a conclusion. As a conclusion, it was understood that with the discharge by the social security doctor, the employment contract that would have been suspended due to receipt of disability benefit, returns to active duty, therefore, the employee would be at the disposal of the employer and, consequently, it would be up to him to pay the salary amounts during this period, in favor of the protection and dignity of the employee.