Carnival holiday approaching and a warning lights up in companies that don’t stop during this time—the famous medical certificate, which in many companies is frequent with the arrival of extended holidays like Carnival, Christmas, and New Year. This trend has raised concerns about the possibility of fraud and its impact on organizational productivity.
Recently, a case caught attention at the Superior Labor Court (TST). A metalworker was fired 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 under investigation for fraud. The TST’s 3rd Panel upheld the decision validating the dismissal, highlighting the irregularities of the presented certificates.
Labor law specialist lawyer Eduardo Calixto emphasizes that presenting fake medical certificates is a practice that violates the necessary trust in the employment relationship and can justify dismissal for just cause. The expert points out that companies should be alert to suspicious patterns, such as the frequency of certificates on dates preceding holidays, but not limited to these festive periods.
“It is essential that the human resources department implements clear verification policies for medical certificates and, when necessary, conducts investigations to confirm the authenticity of the presented documents,” advises the lawyer.
Additionally, Calixto highlights the importance of awareness programs for employees about the legal and professional consequences of presenting fake medical certificates. “Information and transparency are essential tools to prevent this type of conduct and maintain 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 obtain a medical certificate without being sick. In the video, she demonstrates how to create fake injuries using only makeup, simulating a severe infection on the hand.
With skill, she uses shadows, foundation, and other products to create a realistic effect of ‘sores’ on the skin. The result is impressive and could easily deceive those who don’t look closely. According to her, the technique was tested during a consultation, where she obtained a certificate without difficulties.
The lawyer warns that if it is proven that the certificate is fake, in addition to labor sanctions, the worker may face criminal charges.
“In addition to labor 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, showing the seriousness of the situation,” he concludes.
