Termo de quitação anual de obrigações trabalhistas

Abstract

The Labor Reform (Law No. 13.467 / 2017) inserted the institute of the Term of annual discharge of labor obligations in art. 570-B of the CLT, this allows a contract between employee and employer with the discharge of the obligations of giving and complying monthly with the annual consolidated, to be carried out before the union of workers representing the professional category, with effect of effectiveness that is to say, the worker can not make new claims on what had been agreed upon. However, the very conclusion of the annual Discharge of Labor Obligations is quite questionable in the labor law sphere, considering that the employee is subordinate to the employer in the employment relationship, depending on the latter to maintain his job position, making his inconsistency in many cases. The effect generated in the clause of liberating effectiveness is a subject of great controversy in Labor Law and Collective Labor Law, since, in many cases, workers' representation entities are not focused on collective bargaining that aim at improving working conditions, perhaps the representation of workers in an effective, democratic and combative manner, putting such clauses in a position of strong distrust. Therefore, Labor Law is based on principles built throughout the history of world labor, which have backed the laws, jurisprudential understandings and fostered their achievements, so any legal innovation must observe the fundamental specificities and laws of the labor sphere