SELF-COMPOSITION TECHNIQUES IN LABOR COURT: BENEFITS AND CHALLENGES FOR EMPLOYERS AND EMPLOYEES

Abstract

The article highlights the use of appropriate dispute resolution mechanisms in the labor field, which notably discusses unavailable rights, since, for the most part, they are linked to the principles of human dignity and the unavailability of worker rights. It aims to expose that in addition to the Judiciary, characterized by the decision of a judge, other methods are effective, quick, cheap and can be used to resolve the dispute. Such methods, despite being little known, are widely encouraged and improved by legal provisions and by legal operators. Furthermore, it discusses the characteristics of mediation and conciliation, in addition to addressing the importance of these techniques for the current context of Labor Justice, post Labor Reform. Furthermore, the benefits and challenges of using consensual conflict management in the workplace are highlighted, respecting the employee's rights that can be agreed upon. A deductive approach and theoretical research were used, using bibliographic and documentary sources.