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.
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.