The voluntary mediation that this authority will carry out is a process by which workers and employers, through settlement boards, try to resolve the conflict. The agreements reached will be established in writing in a certified document.
Among the new powers that Profedet will assume, the support for the Work Conciliation Centers to provide information and guidance to the workers who attend them, in accordance with the regulation under review in the National Commission for Regulatory Improvement (Conamer).
“In the new model of justice, Profedet only accompanies workers , their beneficiaries or unions. But it no longer has agreements, the agreements are processed before the Federal Center for Conciliation and Labor Registry, ”Ortiz Porras pointed out.
In this sense, the Federal Attorney for the Defense of Labor will have a new legal assistance and representation service . The first consists of assisting and accompanying workers and unions in compulsory pre-trial conciliation hearings, when they so request or at the request of the labor authority. The second involves the legal actions that Profedet will exercise in favor of the workers, their beneficiaries or a union.
The Federal Attorney for Labor Defense is an authority with participation in the new model of labor justice, with a change in some roles so as not to duplicate functions with the new authorities, but providing support to the labor force that needs it.
Collaboration with the IFDP
Although the legal representation of workers in a labor lawsuit is a competence that also has the Federal Institute of Public Defense (IFDP), both institutions maintain a close collaboration to determine the federal matters in which each instance can provide a better service, and based on this channel the person.
For example, Carolina Ortiz explained, it is more feasible for the IFDP to legally represent working people in matters related to violation of labor rights such as discrimination or profit sharing. “The institute has many lawyers on these new human rights issues that have not been generally addressed by Profedet, but we consider that they can be better represented by the institute.”
On the other hand, conflicts related to social security, designation of beneficiaries, disabilities, work risks, pensions for widows, return of contributions to the Afores, it is preferable that legal representation has the Attorney General’s Office.
“These talks have been held with the Federal Institute of Public Defender to give a better service to citizens,” said Carolina Ortiz Porras.