22/02/2013
Responsibility of socio migrant reaches up to two years after leaving the company Autor: Tribunal Regional do Trabalho - Minas Gerais
Even two years after its withdrawal from the membership, the former partner may be liable for obligations of the company. That is the prediction of the sole paragraph of art. 1003 of the Civil Code, used by the 2nd Panel of TRT-MG to fix the responsibility of the company's former partner claimed by labor obligations in deferred sentence.
In case, the court had dismissed an application sentenciante accountability partner retirante a service company by labor credits recognized a maid, on the grounds that he failed to take advantage of this workforce. Disagreeing the employee appealed, claiming that when he began providing services to the reclaimed, the partner still belonged to the membership. And the judge rapporteur resource, Jales Valadão Cardoso, gave her reason.
As the rapporteur stressed the rule of Article 1003 of the BAC extends accountability partner who withdraws from society for up to two years after the registration of the contract modification. That is, until two years after the company formally excluded, the former partner accountable to society and third parties for the obligations he had as a partner.
Thus, considering that the lawsuit was filed by the complainant on 26/11/2009, the judge concluded attend the requirements for accountability of former partner of the defendant. Accompanying the rapporteur, the Panel unanimously upheld the appeal, to declare that the former partner may be liable for the debt labor, and could have their property seized for credit guarantee of the complainant.
