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This work deals with the abuse of employer's rights and the off-balance sheet damages: moral damage, existential damage and occupational illnesses experienced by the employee as a result of this abuse. In this sense, we intend to analyze labor relations throughout history, addressing aspects from ancient Rome to the most recent reform of the Brazilian Labor Laws, which took place in 2017; the dynamics of labor relations, their foundations and guiding principles; and, the employer's directive power towards employees and its limits. The research method adopted was the deductive dialectic based on doctrinal and jurisprudential positions on the matter. The research was essentially bibliographical in nature, having consulted texts from books, articles and legal publications in general, as well as case law research pertinent to the subject. The study aims to demonstrate that companies must be attentive to guaranteeing a healthy and sustainable working environment for their employees, respecting the principles of human dignity and the personality of the worker in order to prevent them from suffering off-balance sheet violations and occupational illnesses.
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This work deals with the abuse of employer's rights and the off-balance sheet damages: moral damage, existential damage and occupational illnesses experienced by the employee as a result of this abuse. In this sense, we intend to analyze labor relations throughout history, addressing aspects from ancient Rome to the most recent reform of the Brazilian Labor Laws, which took place in 2017; the dynamics of labor relations, their foundations and guiding principles; and, the employer's directive power towards employees and its limits. The research method adopted was the deductive dialectic based on doctrinal and jurisprudential positions on the matter. The research was essentially bibliographical in nature, having consulted texts from books, articles and legal publications in general, as well as case law research pertinent to the subject. The study aims to demonstrate that companies must be attentive to guaranteeing a healthy and sustainable working environment for their employees, respecting the principles of human dignity and the personality of the worker in order to prevent them from suffering off-balance sheet violations and occupational illnesses.