Labor law for employers · SPD Advocacia
Want to close open issues with an employee safely? Submit the settlement for court approval
Since the Labor Reform, employer and employee may submit to the Labor Court a settlement reached outside a lawsuit and ask for its approval. The court judgment gives the settlement legal certainty. The law also provides for an annual release term signed before the union.
Court approval
How the request works
The procedure for approval of an out-of-court settlement starts with a joint petition, and each party must be represented by a lawyer (art. 855-B of the CLT, Brazil's Consolidated Labor Laws). The parties cannot share the same lawyer (§ 1º), and the worker may be assisted by the lawyer of the union of the employee category (§ 2º).
The judge reviews the settlement within 15 days of filing, may schedule a hearing and issues a judgment (art. 855-D). The request does not remove the deadline and the penalty for termination payments under art. 477 (art. 855-C). The petition suspends the limitation period for the rights specified in it (art. 855-E).
Annual release
Release term signed before the union
Art. 507-B of the CLT allows employer and employee to sign, during the employment contract or after it ends, an annual release term for labor obligations before the union of the employee category. The term has a discharging effect for the items specified in it.
Requirements
What we review
Position, working hours, salary and period.
Amounts in dispute between the parties.
Deadlines and payments under art. 477.
Possible claims in a future lawsuit.
Source: CLT, arts. 477, 507-B and 855-B to 855-E (Lei 13.467/2017).
What is your case?
Situations the firm handles
Departure with open issues to resolve
Settlement and request for approval.
CLT, art. 855-BEmployee in a position of trust
Settlement with separate lawyers.
CLT, art. 855-B, § 1ºOngoing contract with doubts about certain items
Annual release term at the union.
CLT, art. 507-BMany terminations during the year
Standardized procedure.
Labor managementEnd of a project and of contracts
Settlements with legal certainty.
Case reviewDeparture of a doorman or caretaker
Settlement and approval.
Case reviewStep by step
How the firm works
- Review. Contract, payments and open points.
- Proposal. Amounts and clauses of the settlement.
- Joint petition. Filing with a separate lawyer for each party.
- Approval. Follow-up until the judgment.
Case review
Let us review the settlement
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Can the same lawyer represent both the company and the employee?
No. Art. 855-B, § 1º, of the CLT prohibits a shared lawyer.
Is the judge required to approve the settlement?
The judge reviews the settlement, may schedule a hearing and decides by judgment. For this reason, the settlement needs to be balanced and well documented.
Does the settlement waive timely payment of termination amounts?
No. Art. 855-C keeps the deadline and the penalty under art. 477.
Do you serve companies in other states?
Yes. We work throughout Brazil, with electronic case files and online meetings.
How does engagement work?
After the review, the firm sends a written fee proposal before any engagement.
Lawyer for out-of-court labor settlements
SPD Advocacia, based in Anápolis-GO, serves companies and condominiums throughout Brazil and abroad in out-of-court labor settlements and in preventing labor liabilities.
Approval by the Labor Court
Joint petition, separate lawyers and a judgment, under arts. 855-B to 855-E of the CLT.
Annual release
The term signed before the union has a discharging effect for the items specified.
Informational content, in accordance with OAB (Brazilian Bar) Provision 205/2021. Each case depends on a review of the documents, and no result is promised.