Byanca dos Santos de Farias
Lawyer at Marcos Martins Advogados
The Economic Development, Industry, Trade and Services Committee of the Chamber of Deputies approved Bill 5.931/19 , which exempts domestic employers, individual micro-entrepreneurs and micro-companies from paying the appeal deposit.
The appeal deposit is required of employers who seek to overturn a decision handed down in the Labor Court that is unfavorable to them, which in the words of the bill’s author, deputy Nereu Crispim (PSL-RS), harms the smallest entrepreneurs who, most of the time, cannot afford to pay these amounts to appeal.
Law 13467/2017, known as the Labor Reform, already included in its text the possibility of reducing the amount of the appeal deposit by up to half for non-profit entities, domestic employers, individual micro-entrepreneurs, micro-enterprises and small companies, as provided for in art. 899, § 9 of the CLT. However, small employers, whether domestic workers or micro-entrepreneurs, even with the change brought about by the aforementioned law, still fail to appeal because they can’t afford the amount.
If the bill becomes law, it will bring important benefits to small business owners, enabling access to the judiciary and, consequently, safeguarding the right to an adversarial proceeding and a full defense.
This and other changes to labor legislation are constantly monitored by the entire team at Marcos Martins Advogados, which is committed to informing and guiding its clients and is at the complete disposal of anyone who needs it.
