Jayme Petra de Mello Neto
Lawyer at Marcos Martins Advogados
A company in the interior of São Paulo reached an agreement with former employees in a labor claim, regarding the incorrect payment of commissions and unpaid integrations throughout the employment contract.
In the labor lawsuit, filed by two plaintiffs who had worked for more than five years at the defendant company, it was alleged that commissions and overtime were paid incorrectly, without the proper integrations. In the lawsuit, the ex-employees asked for their remuneration to be recognized as being that of the fixed payment plus the amount referring to the commission, in addition to the integrations, also asking for overtime, intra-workday break, inter-workday break, night bonus, Sundays and public holidays worked double, Paid Weekly Rest, differences in health and danger bonuses. The total value of the case was over a million.
With the important mediation work of the Lins Labor Court, the parties were able to reach a conciliation at the discovery stage, with the payment of less than 10% of the contingent amount of the labor claim, within two and a half years, with a fine on the amount conciliated in the event of default.
Conciliation favors the quickest and most effective way of resolving the case, and the incidence of interest makes the process too costly and does not compensate for lengthy litigation. The company was represented from the outset by the Marília labor team of the Marcos Martins law firm, which specializes in corporate labor law
