People are often discriminated against in the workplace
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 being 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 dispensing, to justify staff cuts. Naipe (I can not find a better qualification) of the "serious business" of this Republic that goes backwards, day after 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 dismissal 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 her 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 her removal. The ruling was maintained by the Regional Labor Court of the 3ª Region (MG) - there is a review appeal, still pending judgment.
I have, for me, that they use all resources in the cruel expectation that the employee dies before being reinstated to the job and that he 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, in view of the employee's illness and its reflexes at work as a Seropositive Person, opted 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" , 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 restrictive practice for the effect of access to employment relationship or its maintenance. According to the judge, this understanding is in line with international standards, especially the 111 1958 Convention on Discrimination in Employment and Occupation (ratified by Brazil) and 200 Recommendation No. 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 was a time, and I think it is very clear at the time of the "industrial revolution, achieved by the invention of the steam engine, that is the scathing origin of the maritime blockade of England against the slavers - We must inform the Fleet English she interfered pike vessels "slaving", without bothering to rescue those people recently sentenced to slavery in Brazil (this open wound in our history), after being kidnapped, abducted, deceived, abducted from their homes, where they lived happy - this world, when I start to think of these things is a m ... that died drowned, for the great interest was to sell the steam engine.. These, yes, it was the "pious" intents Queen (WASPs) are so arrogant to claim that God health Queen ... Returning to judge ...
In this context, the magistrate understood apply by analogy, Article 4º of 9.029 / 1995 Law, clarifying that the article list 1º this rule is merely exemplary. The device gives the worker the right to choose to be reinstated with full compensation of the entire period of absence or get paid double the fee for that same period.
There is not much to choose from, as In 2010 UNAIDS made a survey that found the following reality: almost 30% of Brazilians refuse to work with seropositives; They do not know, unhappy, they may be signing the letter of the mission of their sons, husbands or wives because HIV is very little selective in its letter of contamination and, as he told me one Cynical, 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, as well as 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.
Finally, the magistrate also understood that the employee should be compensated 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 disease and the contract period. With information from the Press Office of TRT-3.
A personal case: I am a 52 year-old with fluent English, my writing, the proof of the ENEM was 880 (I know, is not among the best, but it's something) that I lived at night and often serve as interpreter; I am also "integrator" (I ride computers). My level of integration allows me to ride high performance machines whose value could easily come to the levels of R $ 15.000,00. Nonetheless, except the extremely difficult financial situation in which I live (I, for example, from 2009 in 31 December without receiving the benefit of the (im) pension and it is being treated me with great professionalism by lawyer Fernanda Nigro which militates on several fronts in the cause HIV / AIDS (I've seen in GIV, which is as much as can be seen, the operational base of it) and also saw the CRD (Diversity 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, do not know his name). Important to remember that I, and my problem we were shown to the person of the GIV 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 do websites and, why not say it [?] It is worth something). In the midst of all this I keep with my meager resources, meager and unstable in the site Soropositivo.Org, is this where you are now, since 1º August 2000, as you can see here in his prosaic and amadoresca version whose history you may know here. This site has, at present, just over 540 punlicado articles and just over filed 3.800, there are views to the fact that many of these pages helped to cherish hopes that were destroyed, dreams faded and I dare say, in the hands of an individual, an AIDS patient with 22 years Living with HIV held during the last sixteen years, acting more as an idealistic fool (die so). Let us return to the case. With 49 years, desperate to get a job, something that would allow me to buy my stuff without having to ask for money or permission to anyone I set to work as a clerk telemarketing (...).
I sent resume to a large company in the business (can not say the name because they sue me and I have not documented anything) and went through a selection process that lasted four hours and was approved. So well was approved, requesting Me to participate, the next day a new selection process, because my profile suited to work in the company that was the "apple of their eyes."
I accepted the challenge.
I medical examination, no blood collection. Basically physical assessment and audiometry; I spent.
I gave all my documents for registration and the person responsible for scheduling the training had no vacancies for the next routine training and promised to contact me up to 15 days.
On the seventeenth day I went there.
I'll spare you the gory details.
In less than 15 minutes everything was destroyed, my documents were returned me and the job is closed. The company is near a subway station and there is a large box suggesting that you leave your resume there. In that place, every day they open up new jobs.
The wound ... In 1995, a year after the diagnosis I drew my FGTS due to the disease, which, to be drawn, filled up the Alpha form and inserted to the Omega Code, which was, pardon the bad word, one snitch.
I remember the mummy that operated the box say loud and clear to other employees:
- "It's an Omega code here."
Translated into Portuguese pimp is often used to refer to people living with HIV or AIDS she cried:
HAVE A person with AIDS HERE!
Today, it does not happen more generic code is aa person in cash or far, I hope, imagine what it is.
But for me, the damage is done.
I have peripheral neuropathy and cavernous in the cerebellum. This forces me to walk with a cane. Not because I have "weak legs". The truth is that these two complicating factors compromise me balance and, in the last two years has been the cane the last bastion to halt my fall to the ground. Peripheral neuropathy has damaged, with greater specificity, the upper limbs, and the exception of what has been posted, the rest fou entered into a period of more than two hours, only with the use of indicators and the arm, moving his hands 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 contribute in some way, so I have a decent life, that I may decide to take an ice cream without having to use someone else's credit card, please contact us using the form below.
I know I'm a castaway on an island in the middle of the Pacific Ocean, on a remote island, launching a request for SOS in a bottle and only God knows where this bottle can get.
If I had a minimum wage to do, getting, what I do, heart, maybe I pose write another text, thank you, that, as this would lead me to tears; but not of sadness and shame. But rather of gratitude.