Labor – DEADLINES IN THE LABOR PROCESS

Labor – DEADLINES IN THE LABOR PROCESS

 

AUDIENCE

Witnesses: must be brought to the hearing, regardless of subpoena. Arts. 825 and 845 – this occurs in the summary rite. When the rite is ordinary, the parties may present a list of witnesses up to 10 days before the hearing (art. 407 of the CPC).

Defense: 20 minutes, at the hearing. Art. 847.

Final reasons: 10 minutes. 850.

Signature of the minutes: 48 hours, from the hearing. Art. 851, § 2º.

EVALUATION (of pledged assets)

10 days from the appointment of the appraiser. Art. 888.

Auction: Public notice, 20 days in advance of the auction. Art. 888.

Bidding: to make payment complement (80%): 24 hours. Art. 888, §§ 2 and 4.
WORK REGISTER BOOKLET

Time allowed to work without CTPS, in locations where it is not issued: up to 30 days. Art. 13, § 3.

Note (registration) at CTPS: 48 hours. Art. 29 w / c 53.

Defense of the employer who refuses to record the CTPS: 48 hours. Art. 38. (administrative defense before the DRT)

Display of documents subject to centralization: 2 to 8 days. Art. 3, § 1, of Ministerial Decree 3,626, of 11/13/91.

SETTLEMENT ACCOUNT

Challenge: 10 days. Art. 879, § 2º.

COSTS

Payment, by the loser, after the decision has become final: Art. 789, § 1.

In the case of an appeal, the costs will be paid and proof of payment within the appeal period: Art. 789, § 1.

COLLECTIVE DISSIDIES

Audience: must be designated within 10 days of the distribution of the representation. Art. 860.

Revision: after 1 year of effectiveness. Art. 873.

DISTRIBUTION

Deadline for verbal complaint to be reduced to term: 5 days. Art. 786, single paragraph.

EXCEPTION

Of incompetence: view of the file, except: 24 hours. Art. 800.

Of suspicion: appointment of audience, for instruction and judgment: 48 hours. Art. 802.

EXECUTION

Quotation of the executed person, to pay or offer assets for attachment: 48 hours. Art. 880.

Notice, if not executed: for 5 days. Art. 880, § 3.

Embargoes to execution: 5 days. Art. 884.

Objection to embargoes: 5 days, after the summoning of the embargoes. Art. 884.

Hearing, if testimonial evidence is required: 5 days. Art. 884, § 2º.

Decision: 5 days, if witnesses are not listed Art. 885; 7 days (5 days plus 48 hours), if witnesses are listed. Art. 886.

INQUIRY (to determine a serious fault)

Request: 30 days from the date of the employee’s suspension. Art. 853.

INTERDICTION (of commercial or industrial establishment)

The interdiction or embargo can occur in case of risk to the worker. Art. 161.

Company resources: 10 days. Art. 161, § 3º. (administrative appeal)

PENALTIES (applied to employees)

Defense of the accused: 15 days. Art. 905.

Trial: 10 days. Art. 905, § 2º.

Appeal, for the higher court: 10 days. Art. 906.

If the imposition of the penalty results from a collective bargaining agreement, the time limit for appeal is 20 days. Art. 906.

DEADLINES

Return, by mail, of refused notification or because the recipient is not found: 48 hours. Article 774, single paragraph.

Deadlines are counted excluding the start day and including the due date. Art. 775.

The periods that expire on Saturday, Sunday or holidays will end on the first following business day. Art. 775, single paragraph.

CLAIM

Shipping of a copy, to the defendant: 48 hours, of the distribution. Art. 841.

Hearing must be designated after 5 days of distribution. Art. 841.

RESOURCES

Ordinary: 8 days. Art. 895, a and b.

Embargoes (in the TST, for the Full): 8 days, from the publication of the Judgment. Art. 894.

Magazine: 8 days. Art. 896.

Instrument appeal: if denied follow-up appeal: 8 days. Art. 897, b.

Petition Notice: 8 days. Art. 897, a.

Contra-Reasons: same period as the appeal. Art. 900.

ANNUAL EMPLOYEE LIST

Defense of the infringer: 10 days. Article 361. (administrative defense).

Certificate of discharge provided by the inspection: 30 days. Article 362.

TERMINATION OF THE WORK CONTRACT

Homologation, by the union or Ministry of Labor: after 1 year of work. Art. 477, § 1.

Manifestation of the authority that determines the work stoppage: 30 days, from the court notification. Art. 486, § 1.

Response to stakeholder defense: 3 days. Art. 486, § 2º.

UNIONS

The dismissal of a unionized employee or associate is prohibited, as from the registration of his candidacy: 1 year, after the end of his term, if elected. Art. 543, § 3.

Union communication to the company on employee application registration: 24 hours. Art. 543, § 5.

 

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