AN ANALYSIS OF THE LABOR SOCIAL SECURITY LIMBO FROM THE PERSPECTIVE OF EMPLOYERS

Abstract

This study focuses on the labor-previdenciary limbo from the perspective of employers, addressing the legal, economic, and operational implications resulting from the lack of specific legal regulation. The phenomenon of limbo arises when the National Institute of Social Security (INSS) terminates a worker’s disability benefit, while the company’s occupational physician deems the worker unfit to return to their duties. This situation creates a protection gap and legal uncertainty for all parties involved. The choice of this theme is justified by the growing number of judicial claims and the disproportionate impact this legal void has on micro and small businesses, which are often forced to bear unexpected financial and operational burdens. The central research problem is: how to legally address the previdenciary limbo in a way that protects the worker without transferring the full burden to the employer? Therefore, the main objective is to analyze this scenario from the employer’s standpoint and propose guidelines for a more balanced division of responsibilities between the State, companies, and workers. The methodology employed is qualitative, exploratory, and based on bibliographic, documentary, and jurisprudential review. Legal provisions, court decisions, and Bills No. 2,260/2020 and No. 2,041/2022 were analyzed. The results highlight the urgent need for a legal framework that ensures social protection without compromising the economic viability of businesses, thus promoting legal certainty and balance in labor relations.