Acordão nº 00632/2000-028-07-00-9 - RECURSO ORDINÁRIO de 1º Turma, 17 de Julio de 2006
Data | 17 Julho 2006 |
Número do processo | 00632/2000-028-07-00-9 - RECURSO ORDINÁRIO |
Órgão | 1ª Turma (Tribunal Regional do Trabalho da 7. Região do Brasil) |
Relatório
Voto
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ADMISSIBILIDADE.
Os pressupostos pertinentes à admissibilidade estão preenchidos, motivo pelo qual merece conhecido o recurso.
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Mérito.
Pretende o reclamante a reintegração no emprego, sob o fundamento de que o doc. 720 - "Sistema de Prática Telebrás" - lhe garante estabilidade ao deixar claro que "o desligamento de seus empregados só é de ocorrer diante do cometimento de falta grave".
Entretanto, analisando-se o citado documento, chega-se à inafastável conclusão de que não é ele garantidor de estabilidade.
Ao relacionar, no ítem 4, "As modalidades pelas quais poderá ocorrer desligamento do Empregado da TELECEARÁ...", dispõe expressamente que o despedimento, por iniciativa da Empresa, pode ser com justa causa ou sem justa causa, adequando-se, assim, à legislação vigente.
Nos itens 6.05 e seguintes, apenas estabelece regras de cunho programático, de aplicabilidade interna, pelas quais observa-se que a exigência do procedimento ali especificado diz respeito tão somente à hipótese de despedimento por justa causa. A "real necessidade do desligamento", de que trata o item 6.08, para o caso de despedimento sem justa causa, é assunto que...
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