Arbitration in labor law-conflict resolution.

Few know, but the judiciary is not the only means of resolving a conflict between two people. In the civil sphere there is already an old acquaintance in the middle, which is arbitration. This is a form of conflict resolution that can be defined as: “conflict resolution by a trusted third party of both parties that can be used by capable persons and on available Rights”.

In the case of the Labor Court, the labor reform authorized the use of this means of conflict resolution. However, it is important to note that for the application of Arbitration in cases related to labor law:

It is necessary to examine the fulfillment of the basic requirements for the application of the technique, since:

it is only valid on individual contracts;

if it has to be agreed since the hiring or may be adhered to voluntarily in the course of the employment contract or after its termination;

whether collective bargaining may change the requirements laid down by law for the adoption of Arbitration;

if there is the application of equity in the arbitral environment;

if arbitration has a limitation in its field of discussions.

However, several of these issues for most jurists are clarified when analyzed article 507 of the CLT that provides for:

In individual employment contracts whose remuneration is more than twice the maximum limit established for the benefits of the General Social Security System, an arbitration clause may be agreed upon, provided that on the initiative of the employee or upon his express agreement, under the terms provided for In Law No. 9,307, of September 23, 1996.

The fact is that if today there is a chance to solve problems far from the crowded judiciary, this will always prove to be the best way out. Even in this sense, it is important to say that using arbitration or mediation is a way to democratize justice for the parties.

Juliana Brianezi Faria, lawyer, graduated in law from Centro Universitário Padre Anchieta, enrolled in the Brazilian Bar Association, São Paulo Section (OAB/SP). Postgraduate in civil Procedural Law from Faculdade Damásio De Jesus. Postgraduate student in labor law and process at Universidade Presbi