Lawsuits

Lawsuit is every action filed against the company by one or more plaintiffs. Plaintiff is the person who files a labor lawsuit against the company.

The plaintiff can be an employee, non-employee (person pleading the employment relationship), former employee, a group or union, in cases of collective actions. At every action filed by a plaintiff, a new process will be registered. In this case, if there's employment relationship and Personnel Management environment is used, the employee (plaintiff) function will be automatically displayed.

Important:

For this integration, Relationship between People and Employees is indispensable, including inactive employees (option Relate in People Register).

 

This routine performs the storage and management of main information about processes, so the system can follow up their progress.

A lawsuit can be related to a client/supplier of the company or associated to the defendant.

The process begins when the company receives the summons or notification of previous settlement council. Summons is delivered by mail, not always as registered mail, and this is the base document used to indicate the register of the new process.

The concept of phase through which the lawsuits go through is used to make management easier. The phases work as a lawsuit progress status. Files like Hearing, Occurrence, Judgment or Appeal update the general phase of the process always from the latest date (Phase Date field), and the change of phase can be checked on the Resources.

Information from other registers of the system is related to this routine, which is the main entity of SIGAAPT environment. It allows integration with  o Personnel and Financial Management, in order to use data from Employee File and generate titles related to the lawsuits, in Financial, when they have to be paid.

 

Important:

Supplementary data to the labor process (fields in Lawsuit Table - RE0) must be entered due to the eSocial requirement:

Lawsuit Number, according to sole numbering of Judiciary Power.
Judicial decision indicative:
o 1=Definite (Unappealable).
o 2=Decision unappealable with suspended effect.
o 3=Injunction.
o 4=Injunction in other judicial action types.
o 5=Administrative defense.
o 9=Others.
Indicative of deposit and date:
o S=If deposit is full.
o N=If deposit is not full.
Lawsuit type:
o A=Administrative.
o J=Judicial.

Procedures

To include lawsuits:

1. In Lawsuits, select Add. System displays the add screen subdivided into two parts. On the left side the folders are displayed and each folder contains several fields. This exhibition make the data management easier.
2. Fill out data according to field help orientation, observing all tabs.

 Place the pointer on a process and click Related Actions/Knowledge. View documents included for the process.

 If you want to add a document, access Related Actions/Wizard.

3. The following fields meet the eSocial requirements:
Lawsuit No., according to single numbering of Judiciary Power.
Indicative of court decision:

1=Definitive (Unappealable).

2=Decision not Unappealable with Suspensive Effect.

3=Injunction in Writ.

4=Injunction or interlocutory relief, in all types of lawsuit.

5=Administration .

9=Others.

Indicative and date of deposit: Y = If the deposit is full or N= If it is not full.
Lawsuit Type: A – Administrative or J – Judicial.

To view data of he following tab, meeting all consistencies of the current tab, that is, only after completing the mandatory fields, at least of the Process folder can you access the next folder Cause and so on.

Lawsuit
Cause
Lawyers
Hearings
Occurrences
Sentençes
Resources
Payment/Recursive Departments
Collateral/Levy
3. In the screen footer the shortcut key [F6] is available, enabling a query screen to search labor lawsuits by code or plaintiff name. Enable it when necessary, entering fields according to help instructions.

Choose it when necessary, entering the fields according to field help.

4. Check data and confirm addition.

 

Important:

Every lawsuit is variable and needs to be updated according to alterations in its initial situation. See how to update a lawsuit in topic Updating lawsuit data.