People Are Frequently Discriminated In The Work Environment. The Case Was Over
It has not been uncommon in my life as a seropositive person, and it gets worse and worse as I become "HIV positive public", that I have the vacancy denied even after conquered (and this is the most recent case, and last, because "I gave up looking for a job) and it is much more common, endemic and systemic and carcinogenic to dismiss, which often comes in the form of a mass waiver, to justify cuts in staff (Lava a Jet has shown the Naipe (I can not find a better qualification) of the "serious business" of this Republic that goes backwards, day by day, FIES, PROUNI and Ciencia sem Fronteiras are the first side effects of the unconscious pan knock of a group that is said to middle class - everything that is average is more or less and the end of this article will elucidativo audio about what is to be more or less, but this thing, I would say ignominious, which is the cowardly dispensation of a function river in virtue (virtue is not the word, but write five in the morning there has its drawbacks) of a condition that is not transmitted through social contact and this will to the brink of villainy! This, yes, a word suitable to classify the unclassifiable. My sensors, I have several of them sweeping the Internet detected this matter of the Legal Adviser of which I will highlight practically the whole, on which I will disagree:
HIV positive person and the view of the right operator
Without justification, the waiver of a worker with HIV (Seropositive Person), or another serious illness that causes stigma or prejudice, is presumably discriminatory. Based on Supreme Court's Summary 443, Judge Anielly Varnier Comerio Menezes Silva, in his position at the Advanced Post Office in Aimorés (MG), ordered the payment of double the salary of an employee diagnosed with AIDS, related to the period of his removal. The ruling was maintained by the Regional Labor Court of the 3ª Region (MG) - there is a Review Resource, still pending judgment.
I have, for me, that they resort to all resources in the cruel expectation that the employee dies before being reinstated to the job and that himself and his descendants enjoy the amounts determined in the indemnity, as a last cowardly act of villainy on the part of these squabs against the seropositive person, on the part of these parasites of the society that are said "the vanguard of the sustained growth of the Country".
In the case, the judge found that the company, faced with the employee's illness and its reflexes at work as a Seropositive Person, chose to dismiss it without just cause. He acknowledged the nullity of the dispensation. As he pointed out, in the face of the presumption favorable to the employee, the company had an obligation to demonstrate disciplinary, economic or financial motivation for termination - or to prove that there had been no discrimination.
It is a complex matter, I say, that is only plausible to be carried out by adopting the abominable procedures I have stated earlier in this article, because it is not always possible to dispense hard-trained employees completely integrated into a machine properly "oiled" without damage and that is the nut , as a man who exerted a harmful influence on my life but who had his adages there and gave CTRL + C and CTRL + V in one of his expressions, twisted his tail (I confess that the expression is unintelligible to me and I feel the most the meaning of what I understand, but I have always seen it in a context in which the said twisting was a complicating factor of the facts). My book will bring many of these references ...
She made an analogy to Article 1 of the Law 8029 / 95 is prohibited the adoption of any discriminatory and limiting practice for the effect of access to employment relationship or its maintenance. According to the judge, this understanding is in line with international standards, in particular the 111 1958 Convention on Discrimination in Employment and Occupation (ratified by Brazil) and 200 Recommendation 2010 on HIV and AIDS and the World of Work.
She also added that the right to termination without just cause is not absolute and should be analyzed according to human dignity, valorization of work, non-discrimination to HIV positive person or other conditions and the social function of the company.
There has been a time, and I think it is well-known, at the time of the "industrial revolution, achieved by the invention of the steam engine, which is the mordant origin of the maritime blockade of England against the slave ships - It is informed that the Fleet The Englishmen were very hard on the "negreiras" boats, not bothering to rescue those people, recently condemned to slavery, here in Brazil (this sore alive in our history), after being kidnapped, kidnapped, deceived, abducted from their homes, where they lived happily - this world, when I start to think of these things is a m ...., who died drowned, because the great interest was to sell the steam engine. These, yes, were the "pious" attempts of the Queen (WASPs) are so arrogant that they want God to health the queen ... Returning to the Judge ...
In this context, the judge understood that 4 / 9.029 / 1995, by analogy, applies by analogy, clarifying that the role of article 1º of this norm is merely exemplary. The provision gives the employee the right to choose to be reinstated with full reimbursement for the entire period of leave or to receive a double payment of the remuneration for that same period.
There is not much to choose In 2010 UNAIDS made a survey that found the following reality: almost 30% of Brazilians refuse to work with seropositives; do not know, unhappy ones, that they may be signing the mission letter of their children, husbands or wives because HIV is very unpredictable in their trade of contaminating and, as a Cynic told me, HIV could be attributed to this expression : "To me, any passion amuses me."
Taking into account that the employee first made a choice, due to the psychological conditions unfavorable to return to employment, and the risk of closing the company (already late), the judge accepted the request in part.
As you explained, this indemnity consists of compensation for material damage resulting from the invalid waiver, equivalent to the compensation you would receive if you were working. Thus, he granted the employee double wages, thirteen wages, vacations with an increase of 1 / 3, FGTS and food ticket, from the date of the zero dispensation until the date of the sentence.
Lastly, the magistrate also understood that the employee is entitled to compensation for moral damages, due to the dismissal in a great moment of emotional shock due to the disease itself. He therefore ordered the payment of R $ 50 thousand, taking into account the salary, the size of the company, the severity of the illness and the contract period. With information from the TRT-3 Press Office.
A personal case: I am a man of 52 years, with fluent English, my essay, ENEM proof was 880 (I know, is not among the best, but it is something) that I lived in the night and often served as an interpreter; I am also an "integrator" (I run computers). My level of integration allows me to build high performance machines whose value could easily have reached the levels of R $ 15.000,00. Nevertheless, except for the extremely difficult financial condition in which I live (I am, for example, since 2009, at 31 in December, without receiving benefit from (im) social security and this is being treated for me, with great professionalism by the lawyer Fernanda Nigro , which militates on several fronts in the HIV / AIDS case (I have already seen it in GIV, which is, as far as I can see, its operational base) and I have also seen it in CRDDiversity Reference Center), A grateful moment could serve this important social mechanisms and should, to Bob Volpe this opportunity, because he introduced me to Edu (Edu, sorry, I do not know his name). It is important to remember that I, and my problem, were presented to the GIV by the Paul Giacomini who gave me the honor of re-creating the site National Network of People Living with HIV / AIDS (yes, yes, I have this other predicate, I know how to do sites, and why not say it [?] this is worth something). In the midst of all this I maintain, with my meager, meager and inconstant resources, the site in Soropositivo.Org, which is the one you are in now, since 1 of August of 2000, as you can see here in his prosaic and amateurish version whose history you may know here. This site currently has just over 540 articles punctuated and just over 3.800 archived, given the fact that many of those pages have helped to cherish hopes that have been destroyed, dreams that have faded and I dare say that in the hands of an individual, an AIDS patient, with 22 years of Living with HIV realized during the last sixteen years, acting more like an idealistic fool (I will die like this). Let's get back to the case. With 49 years, desperate to have a job, something that would allow me to buy my things without having to ask for money or authorization to whoever it is proposed me to work as a telemarketing clerk (...).
I sent a resume to a major company in the business (I can not speak the name because they would sue me and I have nothing documented) and I went through a selection process that lasted four hours and was approved. So well approved I went, that they invited me to participate the next day in a new selection process, because my profile suited to work in the company that was the "girl of their eyes".
I accepted the challenge.
I had a medical examination, no blood collection. Basically physical evaluation and audiometry; I passed
I handed over all my registration papers and the person responsible for the training schedule had no vacancies for the next training routine and pledged to contact me within 15 days.
On the seventeenth day I went there.
I'll spare you the sordid details.
In little less than 15 minutes, everything was broken, my documents were returned to me and the vacancy closed. The company is close to a subway station and there is a big box suggesting you leave your resume there. In that place, there are new openings every day.
In 1995, a year after the diagnosis, I took out my FGTS because of the disease, which, in order to be removed, filled in the Alpha form and inserted the Omega Code, which was, with the forgiveness of the bad word, an algebra.
I remember the mummy that operated the box saying loud and clear to the other staff:
"There's an Omega code here."
Translated into English pimp that is often used to refer to people living with HIV or AIDS she shouted:
HAVE A CREEK HERE!
Nowadays, this does not happen anymore the code is generic to the person in the box, not from far, I hope, imagine what it is.
But for me, evil is done.
I have peripheral neuropathy and a cavernoma in the cerebellum. That forces me to walk with a cane. Not because I have "weak legs." The truth is that these two complicating factors compromise my balance, and in the last two years the cane has been the last bulwark to stop my fall to the ground. Peripheral neuropathy has more specific damage to the upper limbs and, apart from what has been highlighted, the rest have been typed over a period of more than two hours, with the use of the indicators and the arm, on the keyboard.
Is done HIV has been making their damages and I'm finally losing this battle.
The site only exists because AUTOMATIC, a company that, among other initiatives, controls the WORDPRESS® system has recognized the value of my work, which now has two more employees.
Mara Macedo, my wife
Bob Volpe, a Great Friend
If you are sensitive to my work and can collaborate in some way so that I have a decent life in which I can decide to have an ice cream without having to use someone else's credit card, please contact me via the form below.
I know I'm a shipwrecked, an island in the middle of the Pacific Ocean, on a remote island, launching an SOS order, inside a bottle and God knows where this bottle can get.
If I had a minimum wage to do, receiving, what I do, from the heart, maybe I can write another text of thanks, which, like this one, would lead me to tears; but not of sorrow and shame. But, yes, with gratitude.