With the Carnival holiday approaching, an alert is being raised in companies that don't stop operating during this period: the infamous medical certificate, which is frequent in many companies with the arrival of long weekends like Carnival, Christmas, and New Year's. This trend has generated concerns about the possibility of fraud and the impact on organizational productivity.
Recently, a case drew attention at the Superior Labor Court (TST). A metalworker was dismissed for just cause after presenting 18 medical certificates, each lasting two days, always coinciding with the eve of holidays. The documents were issued by a doctor who was under investigation for fraud. The 3rd Panel of the TST upheld the decision validating the dismissal, highlighting the irregularity of the presented certificates.
Labor law specialist Eduardo Calixto emphasizes that presenting false medical certificates is a practice that undermines the necessary trust in the employment relationship and can justify dismissal for cause. The specialist points out that companies should be attentive to suspicious patterns, such as the frequency of medical certificates on dates preceding holidays, but not limited to these festive periods.
"It is essential that the human resources department implement clear policies for verifying medical certificates and, when necessary, conduct investigations to confirm the authenticity of the documents submitted," advises the lawyer.
Furthermore, Calixto emphasizes the importance of awareness programs for employees regarding the legal and professional consequences of submitting false medical certificates. "Information and transparency are essential tools for preventing this type of conduct and maintaining a healthy and trustworthy work environment.".
Videos teach how to obtain medical certificates
Recently, a video went viral on the internet where a makeup artist taught an unusual trick to get a doctor's note without being sick. In the video, she demonstrates how to create fake injuries using only makeup, simulating a serious infection on the hand.
With skill, she uses shadows, foundation, and other products to create a realistic "blemish" effect on the skin. The result is impressive and can easily fool those who don't look closely. According to her, the technique was tested in a consultation, where she obtained a medical certificate without difficulty.
The lawyer warns that if the certificate is proven to be false, in addition to labor sanctions, the worker may face criminal charges.
“Beyond the labor law repercussions, the employee may face criminal sanctions. The Brazilian Penal Code, in its article 297, classifies the falsification of public documents, including medical certificates, as a crime, with penalties ranging from two to six years of imprisonment, in addition to a fine, demonstrating the seriousness of the situation,” he concludes.
