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

Misuse of a trademark by a former partner can be recognized not only as unfair competition, but also as bad faith.

On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]

Read more
The first sanctions applied by the National Agency for the Protection of Personal Data (ANPD) were a wake-up call for companies: the LGPD is a serious law and must be complied with.

The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]

Read more
Business position on the recent STF decision that ruled that it is constitutional for trade unions to charge assistance contributions

Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]

Read more
The new chapter in the legal dispute involving the term "HELLES", registered as a 'trademark'.

Recalling the case... It all started at the beginning of 2019, when the brewery Fassbier gave extrajudicial notice to a series of breweries in Rio Grande do Sul for the alleged misuse of the term HELLES, claiming to have exclusive use of the expression, given that the word was registered as a trademark. Not satisfied with [...]

Read more
Suspension of labor executions against companies in the same economic group

In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process. In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, many [...]

Read more
STJ decides that the legal personality of a civil association can be disregarded, but limits liability to the directors

The 3rd Panel of the Superior Court of Justice (STJ) [1] dismissed a special appeal filed by the directors of a civil association, which had its legal personality disregarded in a case involving the improper use of a trademark. The Court, in a judgment drafted by Justice Marco Aurélio Belizze, held that the disregard of [...]

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