Previous Settlement Process

The previous settlement is an attempt to resolve an impasse between the parties, before some of them decides to file suit at Labor Court. This procedure is used because a labor lawsuit can take many years to be resolved and a lot of time and money can be spent during the case.

Thus, if the union has a Previous Settlement Council, the following procedure can be adopted before the plaintiff file an action against the company in Labor Court.

A notification can be delivered by mail and not always it is registered. This document is the base to enter process information into the Legal controls. The notification contains information similar to the summons and indicates the settlement session date.

The system processes a notification and a summons the same way, performing the same types of control, maintenance and reports.

The plaintiff goes to the syndicate and files his claim. The syndicate shows the council notification to the company.

The company receives the notification and a previous settlement session is held to attempt a deal between the company and the plaintiff, conducted by a mediator.

When a deal is not reached between the parties, the plaintiff can look for Labor Court and sue the company. In this case, the plaintiff, when proposing an employment dispute, must include the Previous Settlement Council statement, asserting that a deal was not obtained or the session was not promoted in legal time.

See the Labor Lawsuit Flow topic.