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NEWBIE
Do³±czy³: 06 Mar 2024 Posty: 1
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TST Validation Guidelines for Using Old Process Numbers |
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Procedural guidelines that do not indicate a unique process number, but provide all the correct data, including the case number in the old format - case number, year, instructions and sequence of the Labor Court, Regional Labor Court - are valid. The decision was taken by the Sixth Panel of the Superior Labor Court, which accepted a review appeal by Metropolitan Water and Energy Company (Emae), a company operating in the Metropolitan Area of São Paulo, Baixada Santista, Vale do Paraíba and São Paulo of chartered companies. Tiet area.
TST overturned the decision of the Second Regional Labor Court, which held that the company’s appeal was abandoned without the payment of costs and appeal deposit due to the lack of a current case number. Following the TST's decision, the case will return to the District Court so that a judge can analyze Emae's ordinary appeal. In submissions to the TST, Emae said the numbers used in the Joint Collection Guidelines were the same as those of the Chinese Overseas America Number Data First Instance Secretariat and that there had been no rejections from the banking system, which would have been the case had there been a breach . .
Minister Kátia Magalhães Arruda, a journalist on the case, said the fact that the guidelines did not include a unique number was a "completely remediable error". According to her, the document contains all other correct data, including payment date, employer name and CNPJ, value, receipt code, court of origin, claimant’s employment card and old process number. As the rapporteur stated, “the data provided are sufficient to meet the process identification requirements”.
Since there is evidence that fees and appeal deposits were collected, the lack of a unique number is not a reason for the appeal not to be called abandoned, having regard to the principles of reasonableness, instrumentality and purposiveness of procedural conduct, the Minister said. As a precedent, Kátia Arruda cited four cases analyzed by TST that involved GRUs where there was sufficient data for acceptance even if some instructions failed to be filled. The minister's vote was unanimously approved by the other members of Panel Six. Information from TST Press Office.
_________________ Chinese Overseas America Number Data |
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