Regulation of Expert Witnesses’ Fees in Labor Proceedings

Following its recent approval by the Chamber of Deputies on February 20, 2026, the Labor Modernization Law has taken a decisive step toward its final enactment. The Bill, which had already received partial approval from the Senate on February 12, introduces in its article 97 (incorporating article 61 bis into the Professional Fees Law 27423) a significant innovation at the heart of the judicial process.

This change seeks to correct historical distortions that have been occurring within the labor justice system, promoting that the pay to expert witnesses is based on technical excellence and on the work actually performed, rather than on the economic outcome of the lawsuit.

In the current system, expert fees are determined proportionally to the amount awarded in the ruling or settlement agreement. This structure creates an unjustified distortion: the higher the amount of the ruling or settlement, the higher the cost of the experts, regardless of the complexity of the task they performed.

Following the amendment, expert fees will no longer be linked to the amount of the corresponding lawsuit or to the percentage of disability determined in the case of a medical expertise. Their determination will respond exclusively to the judicial assessment of the technical work performed and to its relevance, quality, and scope. The most disruptive aspect is that this decouples medical experts’ fees from the percentage of disability determined.

In conclusion, decoupling expert witnesses’ fees from the amount of the lawsuit, together with the previous repeal of the fines established by Laws 24013, 25323, and 25345, redefines the cost structure of labor proceedings. This regulatory convergence promotes reducing litigation costs and provides greater legal certainty and predictability for employers.