Maisa Ribeiro Vidal
Lawyer at Marcos Martins Advogados
In a recent decision, the Superior Labor Court boosted the market for the purchase and sale of labor credits, providing workers with greater liquidity to anticipate their payments.
The critical financial phase in which the country finds itself, together with the Court’s delay in settling claims, have contributed to heating up the market for buying and selling labor credits, which is why specialized companies have started to invest in this sector due to the low interest rates, which allow the purchase to be made at a discount of between 25% and 75%.
However, it is important to note that the actual transfer will only take place with the authorization of the judge in the case, who does not always accept the proposal because he believes that the workers’ rights are unavailable.
Denial decisions are generally based on Provision No. 6, issued in 2000 by the Corregedoria-Geral da Justiça do Trabalho (CGJT), which prevents the assignment of labor credits.
However, it should be noted that although there is no labor legislation with specific provisions on the assignment of rights, which is only provided for in the Civil Code, article 769 of the CLT allows that in cases where labor law is lacking, common procedural law, including in this case the Civil Code, may be used in a subsidiary manner.
Based on the aforementioned information, the TST’s understanding is based on the fact that the provisions of the General Inspectorate of Labor Justice serve to guide the administrative actions of judicial bodies, which is why they cannot be interpreted and applied with the aim of removing the validity of the rules of the Civil Code in labor relations, making it clear that the assignment of labor claims is fully possible.
Therefore, in view of the recent decision and the fact that the matter is being debated in the courts and there is no majority position, it is highly recommended that transactions such as these be preceded by legal advice, which Marcos Martins Advogados is able to offer.
