It is becoming increasingly common for companies to receive notifications of hearings at the General Labor Inspectorate.
The foregoing is mainly due to a disgruntled former employee, who possibly did not have their rights recognized when they left the company, and consequently went to the Ministry of Labor to claim that these rights or payments be made effective.
These payments do not exclusively refer to compensation, but also to non-waivable rights such as: vacation, Christmas bonus, annual bonus, among others.
These types of claims are intended to be resolved through a hearing, to which both parties (employee and employer) are summoned, with the aim of settling the matter in dispute, before a Labor Inspector who will act as a mediator.
In this hearing, we will aim to resolve, on the one hand, the rights of the worker and, on the other hand, the fulfillment of certain employer obligations.
This means that on the day of the hearing, the Inspector will request a series of documents aimed at verifying the Employer's compliance with their obligations in labor matters, such as:
- payroll book.
- Proof of Employment.
- Employment Contract duly registered.
- Internal Work Regulations.
- Proof of benefit payment.
- Vacation certificate.
It is extremely important to comply with these documents, otherwise you will be exposed to an inevitable Sanction by the General Labor Inspectorate between 2 to 18 salaries.
Hearings at the Labor Inspectorate are not limited solely to recognizing workers' rights but also to confirming compliance with other obligations.
RECOMMENDATION:
It is important for the Employer to be well-advised to ensure compliance with requirements and to facilitate negotiations during the hearing.
Companies generally take a reactive approach to notifications of hearings at the General Labor Inspectorate. It is important for companies to adopt a preventive policy and be prepared for any labor-related contingency.
