Atlas · Governance
Maximum deadline for paying labor credits in judicial recovery is 1 year
AnswerThe maximum deadline to pay labor credits due before the judicial recovery filing is 1 year, extendable to 3 years in specific cases.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Maximum deadline | Source | Data date |
|---|---|---|---|---|
| Debtor in judicial recovery | Labor credits due up to the application | 1 year | Lei 11.101/2005, art. 54, caput (Planalto, in Portuguese) | 09/02/2005 (original wording) |
| Debtor in judicial recovery | Labor credits due up to the application | 3 years (with requirements) | Lei 11.101/2005, art. 54, § 2º (Planalto, in Portuguese) | 09/02/2005 (wording given by Lei 14.112/2020) |
| Debtor in judicial recovery | Salary credits due in the 3 months prior to the application (up to 5 minimum wages) | 30 days | Lei 11.101/2005, art. 54, § 1º (Planalto, in Portuguese) | 09/02/2005 (wording given by Lei 14.112/2020) |
Data consulted on 02/10/2026.
Basis
- Lei n.º 11.101/2005 (Planalto, in Portuguese): Art. 54 establishes the maximum deadline for paying labor credits in judicial recovery, with extension possibilities and specific rules for wages due in the 3 months prior to the application.
How it applies
The maximum deadline for paying labor credits due before the date of the judicial recovery application is 1 year, per the caput of art. 54 of Lei 11.101/2005. This deadline can be extended to up to 3 years (total of 36 months) if the recovery plan cumulatively meets three requirements: presentation of guarantees deemed sufficient by the judge, approval by labor creditors, and guarantee of full payment of credits. Additionally, salary credits due in the 3 months prior to the application, up to a limit of 5 minimum wages per worker, must be paid within 30 days.
Limits
- The extension of the deadline to 3 years depends on three cumulative conditions: sufficient guarantees, approval by labor creditors, and guarantee of full payment (art. 54, § 2º).
- The 30-day deadline for wages from the last 3 months applies only to strictly salary-nature credits, up to the limit of 5 minimum wages per worker (art. 54, § 1º).
- This sheet does not cover labor credits subsequent to the judicial recovery application, nor tax credits or others not provided for in art. 54.
- Changes after Lei 14.112/2020 must be verified directly at the official source (Planalto).