Cesar Peres Dulac Müller logo

CPDMA BLOG

Category:
Date: April 22, 2019
Posted by: CPDMA Team

Company that left the group after succession is not responsible for labor debt

The successor is not jointly liable for labor debts of a non-acquired company, belonging to the same economic group as the succeeded company, when, at the time, the direct debtor was solvent or economically suitable.

With this understanding, the 8th Panel of the Superior Labor Court removed the joint and several liability of a credit company for complying with a court decision favorable to a production assistant.

The production assistant filed a lawsuit against a company in the food sector to claim rights related to the contract in force between October 2006 and August 2012. She also asked for the joint liability of the credit company, which had belonged to the group of companies from which that of food also participated. In June 2010, the credit company was fully acquired by a bank that was not part of the economic group in question.

Responsibility

The judgment of the 2nd Labor Court of Londrina (PR) condemned the food sector company to pay several installments, but did not admit the joint liability of the credit company because it understood that, with the sale, it ceased to belong to the economic group . The Regional Labor Court of the 9th Region (PR), however, recognized the joint and several liability of the credit company for the amounts owed until the date of its departure from the economic group.

The rapporteur of the magazine appeal of the credit company, Minister Márcio Eurico Vitral Amaro, voted for the total removal of the company's joint liability and for its exclusion from the process.

"The joint and several liability, even if limited to the period prior to the acquisition by a company not belonging to the same economic group as the complainant's employer, implies a transfer of responsibility to the successor, contrary to Jurisprudential Guidance 411 of Subsection I Specialized in Individual Agreements ( SDI-1) of the TST”, he said.

Source: Conjur.

Return

Recent posts

Discover the asset class - INDUSTRIAL DESIGN

In our series of posts explaining the differences between classes of intellectual assets, today we're going to look at INDUSTRIAL DESIGN. Industrial Design is the ornamental plastic form of an object - for example, the design of a product or the set of lines applied to a product, such as a print - that gives it [...]

Read more
Learn about the asset class - PATENTS

A PATENT is a title of ownership granted by the State over an unpublished invention (invention patent) or one derived from an existing one (utility model patent). The application for registration is made to the INPI, granting the holder the right to prevent third parties from manufacturing, using or offering for sale [...].

Read more
Corporate name: get to know this asset class

Continuing with our series of posts explaining the differences between the classes of intellectual assets, today we'll look at the BUSINESS NAME. Although trademarks - the nature of which has already been described in the previous post - can sometimes be confused with business names, they are distinct legal institutes. The business name identifies the company by [...]

Read more
PERSE: legislative changes in the emergency program to revive the events sector

Law No. 14,859/2024: amendment of the Perse rules for the period 2024 to 2026. The Emergency Program for the Resumption of the Events Sector - Perse was created in 2021 with a view to helping companies linked to the events sector - the activity most affected by the COVID-19 pandemic, by reducing [...]

Read more
The extent of insurance cover in floods

The rains that have hit Rio Grande do Sul in recent weeks have destroyed farms, properties and vehicles. Even if they have insurance, car or property owners should check the coverage of their policies to see if they can get compensation. Basic insurance for cars and properties does not usually cover floods. Insurance against electrical breakdown, [...]

Read more
The agreement to sell the most famous slimming drug of the moment

It was recently reported that the Brazilian company BIOMM has signed an agreement with the pharmaceutical industry BIOCON to distribute in Brazil a drug similar to Ozempic, indicated for the treatment of diabetes, but used mainly to treat obesity. However, this will only be possible because the patent holder of the drug has certainly authorized, through a [...]

Read more
crossmenuchevron-down
en_USEnglish
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram