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The Superior Labor Court (TST) Nullified an Extrajudicial Termination Signed Without a Lawyer, Reinforcing the Legal Protection of Workers and Determining That the Case Returns to the Labor Court for Analysis of the Employment Relationship.
According to the news portal Migalhas, the TST’s decision nullifies the extrajudicial termination made between a caregiver and her employer in Santa Catarina. The case gained prominence because the worker had received R$ 7.9 thousand in an informal agreement, without legal guidance, in exchange for a clause of “full and irrevocable discharge” of the employment contract. The absence of a lawyer, however, led the ministers to invalidate the document and send the case back to the first instance.
What Was at Stake in the Case
The caregiver sought recognition of the employment relationship between 2018 and 2020 in court. After her dismissal, she signed an extrajudicial agreement without a lawyer, receiving compensation in exchange for waiving any other labor claims.
The employer’s defense presented the document as proof of full discharge.
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In the first instance, the Labor Court accepted the agreement, and the TRT of the 12th Region (SC) upheld the decision. However, when appealing to the TST, the worker managed to reverse the situation.
The Legal Requirement for Lawyers in Terminations
According to the rapporteur, Minister Evandro Valadão, the CLT (article 855-B) establishes that extrajudicial terminations are only valid if both parties are represented by distinct lawyers.
The goal is to balance the negotiation and prevent the worker, the more vulnerable party, from renouncing rights without a full understanding of the consequences.
The minister emphasized that “there is no way to recognize general discharge without the presence of a lawyer”, as this would undermine the protective character of labor legislation. Thus, the document signed without proper representation cannot be deemed valid.
The Impact of the Decision on Workers and Employers
The TST’s decision nullifies extrajudicial terminations that do not meet legal requirements and serves as a warning to employers.
Signing agreements without a lawyer not only invalidates the document but can also lead to new legal actions and additional costs.
For workers, the measure reaffirms that no broad discharge agreement has legal effect without legal assistance, ensuring a minimum protection against abuses.
The process now returns to the Labor Court for analysis of the caregiver’s requests, including recognition of the employment relationship and severance pay.
The TST ruling reinforces the social function of Labor Justice: to ensure that agreements are only valid when they respect the law and the dignity of the worker.
And you, do you think that the requirement for a lawyer in every extrajudicial termination genuinely protects the worker or merely increases bureaucracy?
Leave your opinion in the comments and participate in the debate.
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