Análise das modalidades de rescisão contratual e seus reflexos trabalhistas e financeiros: estudo aplicado em uma empresa do ramo de terceirização

Abstract

This final paper aimed to investigate contract termination modalities, analyzing their impacts on workers' rights and, primarily, diagnosing corporate costs in an outsourced services company. The research adopted a mixed methodological approach, combining the empirical analysis of 4,010 actual terminations (occurring between 2020 and 2024) with cost-efficiency simulations of different termination modalities. The results revealed that termination without just cause is the predominant practice in the company (59% of cases), despite being the most expensive modality (average cost of R$ 3,288.00), a factor that contributed to a 185% increase in total termination costs during the period. In contrast, the simulation demonstrated that adopting termination by mutual agreement (Art. 484-A of the CLT) would yield savings of 21% per event. It is concluded that there is a strategic misalignment in the organization: the underutilization of legal alternatives, such as the mutual agreement, and the persistence in the most expensive termination model indicate a management failure that generates significant and avoidable labor liabilities.