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What is Collective-agreement penalty (multa convencional)?

Also: multa convencional · multa normativa · penalty clause

A collective-agreement penalty is the sanction agreed in a collective instrument for breaching its clauses. Negotiated in a collective bargaining agreement (art. 611 of the CLT), it works as a penalty clause: it encourages compliance and indemnifies breach. Súmula 384 of the TST allows a single penalty per instrument, even if several clauses are breached, unless otherwise provided.

Its ceiling is the value of the principal obligation (art. 412 of the Civil Code). In portfolios with a strong union presence it is a recurring claim — modest in individual value, but accumulating across the portfolio.

How LABORIS AI uses it

LABORIS AI relates the penalty claim to the applicable collective instrument and the company’s compliance with its clauses, measuring the ruling pattern and avoiding overstating the penalty beyond its legal limit.

Legal basis
CLT, art. 611Súmula 384 do TSTCC, art. 412

Informational content — it is not legal advice.