Company precedes and avoids to be condemned subsidiarily

In a recent decision, the 1st rod of the work of three rivers, in Rio de Janeiro, acquitted a bodied company of subsidiary liability services

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In a recent decision, the first rod of the work of three rivers, in Rio de Janeiro, acquitted a bodied company of subsidiary liability facing funds due to a company whose services she hired. The action had been moved by the workers' syndicate of the Niterói Electric Energy Industry, which entered the process against the resignation of about 100 workers who did not receive their rescue funds. The request was that the service provider paid, and that if he did not, the maker of services responded in the alternative.

When being cited in civil action, the Bottom Service Company deposited in court the values ​​that would normally pay for the work of the service provider. The strategy was a method of meeting the understanding of the Superior Court of Labor, which determines the subsidiary responsibility of the service borrower when it does not monitor compliance with the contract in an appropriate manner. With the judicial deposit, the compliance of the duty of surveillance has been made, which removed responsibility.

" The decision of the Carioca Judgment, in addition to an important precedent facing cases similar, demonstrates the adaptation and receipt of the judiciary to > Strategies defensive, even if not predicted in the legal system ",

Highlights Carolina Oselame , Labor Area Lawyer of Carpena Associated lawyers.