Jayme Petra de Mello Neto
Lawyer at Marcos Martins Advogados
Even a year after the Labor Reform (Law 13,467/2017), many changes have yet to be settled by the Regional Labor Courts, one of which refers to the settlement of the initial claim, as promoted by article 840, §1 and §3.
And in this regard, the 17th Region Court (ES) recently issued a decision in a writ of mandamus, which was filed against an act by the judge of the first degree who ordered the initial claim to be amended, on the grounds that the requirements of article 840, §1 were not met, as regards the indication of values and the presentation of a calculation memorandum for the unequivocal calculation of the “unhealthy working conditions premium”.
In this case, the judge-rapporteur, Dr. Ana Paula Tauceda Branco, granted the writ of mandamus to suspend the effects of the lower court’s decision, on the understanding that §1 and §3 of article 840 were inserted into the Labor Code not as a rule aimed at restricting the rights of the parties or at offending the principles of Labor Procedure, even though the lawsuit was filed after the labor reform.
Thus, the rapporteur upheld the writ of mandamus filed by the plaintiff, agreeing that it is enough for the plaintiff to indicate the estimated value of his claims in the initial claim.
Marcos Martins Advogados is available to assist you with the TRT’s decision, as well as with other matters related to the business and corporate environment.
