Sucessão trabalhista

• Autor(a) principal: Trindade, Ariadne Maués
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33410
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Sucessão; Trabalhista; Sucessor; Sucedido; Empresa; Succession; Labor; Successor; Succeeded; Company

The labor succession institute, under articles 10 and 448 of the CLT (Consolidation of Labor Law), is characterized by the change in legal structure of acompany,or thechange in its ownership. The development of corporate law, the adventof new forms of organized productive activity, the new law on judicial recoveryand bankruptcy, alongsideprivatization, generated direct effects on the labor sphere jus. Therefore, new ways of constituting labor succession were introduced by current jurisprudence and doctrine, beyond the distinctive traditional ones; merger, demergerand takeover.The institute finds its roots in the origins of labor law, namely, the need to protect theworker. The knowledge of juridical institutes from other branches of law is required so it is contextualized within labor law. Labor succession is the change of one of the subjectsin a given legal relation. Thus, the existence of a new legal relation is required, however, by substituting one of the subjects, who is succeeded. Employers are succeeded. Never employees. For labor law,succession intends a more economical than legal purpose. This is because labor law appliesthe termcompanybased on functionality and practicality, in order to emphasize the depersonalizationof the employer andtoinsist on the relevance of linking the employment contract to the business company, regardless the actual owner. With the changing in economic and social scenario already denoted, some changes have been made to the characterization requirements of labor succession. If once,to the classical doctrine, two requirementswere compulsory: a) transferringof production unit,and b) no termination of the continuity of service provision, now, for the modern jurisprudence and doctrine, the second requirement is no longer imperative. It because the successorassumes all the responsibility regarding employment contracts of workersconnected to the company (production unit) even if those employees are not put to task. The modern understanding concedes greater protection to the employee, especially when this workeris not absorbedby the new employer