Sucessão trabalhista

• Autor(a) principal: Barros, Camila Martins
• Data de Publicação: 2017
• 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/27329
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Sucessão trabalhista; Responsabilidade; Empregado; Empregador; Labor succession; Responsibility; Employee; Employer

In this monograph the labor succession is studied, with emphasis on the successor and successor companies' accountability, as well as their consequences in the work contract. In the research, the method of deductive approach and the bibliographic research technique were used. In the first chapter, the general aspects of the succession are verified, being their concept, legal nature, historical scope and principles that guide the theme, in order to introduce it to the reader. In the second chapter, there are definitions of the main changes in the ownership and legal structure of the company, with concepts completely removed from Business Law, with the purpose of explaining in what ways the succession of companies may occur. In the third chapters, it addresses the issue, specifically to demonstrate its effects, corporate responsibilities, consequences in the employment contract and even how can be recognized by the Labor Court in eventual labor action. Finally, the last chapter deals with the theory of disregard of legal personality and its effects on the labor process. It was concluded that in most cases the company succeeded has no liability, except for the occurrence of fraud, as well as that the author can only instigate against the new employer in cases of non-compliance with clauses of the contract of employment, leading to termination As well as the application of the incident of disregard of legal personality in the labor process and the accountability of the retiring member of society, with emphasis on the amendment proposed by Act 13.467/2017