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2025-08-29
Carlos de Oliveira Sarmento clarifies changes to extrajudicial waiver of claims in the Draft Labour Reform Bill

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With the publication of the Draft Bill for the Reform of Labour Legislation, the issue of extrajudicial waiver of labour claims returns to the legal debate, having been removed in 2023 by the Decent Work Agenda.

In an article for RH Magazine, Carlos de Oliveira Sarmento, Senior Associate in the Labour practice at CCA Law Firm, analyses this possible legislative change, which may once again allow the express waiver of labour credits outside court, provided it is notarised.

“It is not a full return to the pre–Decent Work Agenda framework, but it is clearly a step back from the rules that entered into force in 2023 and which, in our view, will provide greater legal certainty by allowing both parties to agree to settle any potential claims or avoid future court proceedings whenever they choose to negotiate and expressly record such discharge.”

According to the lawyer, this measure may restore greater legal certainty for companies and workers alike, and is particularly relevant for human resources professionals.