Pension review
Pension review based on a labor lawsuit
If you won a labor lawsuit, you may be entitled to a higher pension. Overtime, premiums and salary differences recognized by the Labor Court may be included in the calculation of the benefit. In-person service in Foz do Iguaçu and online throughout Brazil.
What we do
A labor lawsuit can also change your pension
When the Labor Court recognizes that your salary was higher than what was recorded, the contribution to the INSS (Brazil's social security agency) for that period also changes. If this happened before you retired, your benefit may have been calculated on salaries lower than the real ones.
Overtime and premiums
Overtime and night shift, unhealthy work and hazard premiums recognized in the judgment.
Salary differences
Equal pay claims, salary paid off the books and raises that were not applied.
Recognized employment
A period of unregistered work recognized by the Labor Court.
Before or after retiring
Review of a benefit already granted, or inclusion of the amounts before applying for retirement.
How it works
The calculation has to be redone month by month
Deadline, calculation and documents from the labor lawsuit
10 year deadline
When the review depends on a labor lawsuit, the STJ (Brazil's Superior Court of Justice) holds that the 10 year deadline runs from the date the labor judgment becomes final (Theme 1.117).
Contribution salary
The amounts in the judgment have to be spread month by month across the contribution history. This calculation is what shows whether the review changes the benefit amount.
Lawsuit documents
The judgment or settlement, the liquidation calculations and the INSS payment slips issued in the labor lawsuit.
Questions
Frequently asked questions about pension review based on a labor lawsuit
I won a labor lawsuit. Does that change my pension?
It may, if the lawsuit recognized wage amounts, such as overtime and premiums, or a period of unregistered work. These amounts increase the contribution salary for that period and may increase the amount of the benefit. Compensatory amounts, such as the FGTS fine (FGTS is Brazil's severance fund that employers deposit into monthly), are not included in the calculation.
I am already retired. Can I still apply?
Yes, within the 10 year deadline (Brazilian Law 8.213/91, art. 103). When the review depends on a labor lawsuit, the Superior Court of Justice holds that this deadline runs from the date the labor judgment becomes final.
Does a settlement in the Labor Court also count?
It may, but a court approved settlement without other evidence is usually accepted with reservations: the INSS and the courts ask for documents from that time that confirm the work and the amounts. That is why the documents are reviewed before the application.
Is the application made to the INSS or to the courts?
First to the INSS, with the documents from the labor lawsuit. If the INSS denies it or does not respond, the next step is a lawsuit in the Federal Court.
Which documents should I bring?
The retirement benefit award letter, the CNIS statement (your social security contribution record) and, from the labor lawsuit, the judgment or settlement, the liquidation calculations and the INSS payment slips.
Do I need to come to the law firm?
It is not required. Service can be provided by WhatsApp or video call, with documents sent digitally. People in Foz do Iguaçu who prefer to meet in person are seen at the law firm, in the city center.
Did you win a labor lawsuit and are already retired?
Bring your benefit award letter and the documents from the labor lawsuit. In-person service in Foz do Iguaçu and online throughout Brazil.