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Test Procedural Aspects: Expiration, Recklessness and Calling in Guarantee
Agenda
1st QUESTION: What does "forfeiture of the action" mean in the context of harassment?
That the lawsuit is over
That the opportunity to activate the specific mechanisms is lost because time has passed
That the lawyer resigned
The company closed down
2nd QUESTION: What is the usual time period for the expiration of the statute of limitations?
Six months from the last act of harassment
One year from the contract
Three months from the dismissal
No limit
3rd QUESTION: What is punished with the figure of "recklessness"?
Lack of evidence
Bad faith or false allegations with malicious intent to injure
Delay by the judge
Failure to attend hearings
4th QUESTION: What sanction can a reckless complainant receive?
Only one warning
A consolation prize
Financial penalties and termination for just cause
None
5TH QUESTION: What does the "appeal in guarantee" consist of in a judicial process?
Calling witnesses
In binding third parties (such as the ARL) to respond
Calling the police
In guaranteeing the salary
6TH QUESTION: What does the "joint and several liability" of the company imply?
That the company is liable for the damages caused by their bosses (culpa in vigilando)
That the company does not pay anything
That only the boss pays
That the state pays for everything
7TH QUESTION: Why is there a time limitation for reporting harassment?
On a legislative whim
To save money
To seek legal certainty and immediacy in the psychological test
To protect the aggressor
8th QUESTION: What can the company do after paying compensation for the fault of a harassing boss?
Nothing, lose the money
To repeat (collect) against the aggressor natural person what was paid
To ask for a loan
To sue the state
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