The National Council of Justice (CNJ) approved new rules for the approval of out-of-court settlements with the aim of reducing the volume of labor claims.
The resolution provides that the agreement signed between employer and employee upon termination of the contract, if homologated by the Labor Court, will provide full settlement. In other words, the employee will not be able to file a labor claim in the future regarding the agreement.
According to the rapporteur, Minister Luís Roberto Barroso, the resolution guarantees not only the protection of the employee, who must be assisted by a lawyer or the union, but also guarantees legal security for the employer.
The agreement to be submitted for approval may result from direct negotiation between the parties or from pre-trial mediation and it will be up to the Judge who approves the agreement to verify the legality and reasonableness of what was agreed. It is important to note that if the judge identifies any illegality or imbalance, the approval may be refused.
The resolution will be valid for the first six months after its implementation, only for agreements above 40 minimum wages, and after this period, its applicability will be reassessed.
As we have seen, the measure guarantees companies greater legal certainty regarding the agreements signed, preventing them from signing agreements with former employees and then being sued again.
More information can be obtained from our labor team.
By Laura Lanser Bloemer, labor lawyer at Guarnera Advogados
