PREPOSTO: THE IMPORTANCE OF YOUR CHOICE AFTER THE LABOR REFORM

Abstract

In representing the company, before the labor reform, it was necessary for the representative to have knowledge of the facts (art. 843, caput and § 1, of the CLT), as well as, according to the understanding of Precedent No. 337 of the TST, to be an employee of the defendant, that is, who had provided service during the same period in which the claimant worked for the defendant company, under penalty of default. This requirement was waived when the employer was a micro or small business or even a domestic employer. After the labor reform, resulting from Law nº 13.467/2017, there was a profound change in the individual and procedural legislation, in view of the very changes made to the CLT in some of its articles, mainly, by adding § 3 in art. 843 of the CLT, which started to allow the defendant companies to be represented by any person in the hearing, whether by an employee or not. In this way, with the changes that have occurred, the agent no longer needs to know the claimant, however, it is necessary that he has knowledge of the facts, either through the employer or through third parties. Therefore, in view of the labor modernization that brought the possibility of appointing any person to represent the company claimed in a hearing, whether by an employee or not, it is necessary that this choice be made cautiously and with extra care, due to triggering consequences that will influence the outcome of the lawsuit, as their statements at the hearing may lead to a confession, compromising and holding the company accountable, even if its representative is not an employee of the company being claimed.