The legislative bill no. 606/20111 which alters and includes provisions to the Consolidation of Labor Laws (CLT) in order to discipline the enforcement of judgments and execution of instruments enforceable out of court in the Labor Court is currently pending at the Senate.
The referred Bill modifies, to a larger extent, the Chapter V of Title X of the CLT (THE ENFORCEMENT OF THE JUDGMENT AND EXECUTION OF INSTRUMENTS ENFORCEABLE OUT OF COURT), aiming to update the labor execution taking into account the alterations brought by the recent reform of the Civil Procedural Code (CPC), to ensure that a greater number of the labor creditors obtain full satisfaction of their rights.
The main alterations brought by the referred Bill are:
- Implementation of the electronic legal proceeding;
- Regulation and execution of collective judgments;
- Enlargement of the list of instruments enforceable out of court, which in addition to include all those provided for in the CPC, adds the following: the consent decrees entered into with Labor Prosecution Office, the conciliation terms entered into with the Previous Conciliation Committees and the overdue tax liability certificate;
- Possibility of payment of the debt in instalments;
- The possibility of the opposing party to produce a statement in the record when the calculation of the liquidation is presented by the other in order to prevent the Court to use an excessive amount of discretion in the homologation of calculations.
- Stipulation of a period of eight (8) days to satisfy the payment obligations, and the payment notification will also be quickly and by any suitable means;
- Regulation of the use of electronic means of leviable property so as to abide the principles of adversary proceeding and less burden for the debtor.
The Legislative bill is no longer pending at the Senate having been submitted now for appreciation of the Chamber of Deputies.
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