Arrendamento de estabelecimento: sucessão trabalhista efeitos e limites da responsabilidade decorrentes do contrato de arrendamento

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This paper has the goal to present a far-reaching analysis of a plant leasing agreement, between two corporations, with no partaking of a financial institution, affecting not only Labor Contracts and the Brazilian Labor Code (CLT) Sections 10 and 448 jurisdiction, but also the outcome of any labor liability due to succession and, lastly, liability limits of the leaseholder and lessor accordingly to Brazilian jurists and case laws. Such contemplation was born from personal professional expertise coming from many inquires from clients foreign corporations willing to lease for five, ten or fifteen years an industrial plant and then return it, after the agreed time, without purchasing it, since, in the event of a purchasing, there is no doubt that an actual succession occurs, with the due assumption of all rights and obligations. Under these terms, foreign corporations were discouraged to invest in Brazil, which brings the concern of a studying of the role played by the employee, employer, employment relationship, succession liability and its limits, and, also, all concepts, requirements and effects related to these subjects. Thus, it has been considered not only corporate business activities needs and the impulse on maintaining jobs, but also an analysis of the wide rule of protection of labor contracts, as well as an assurance that employees will comply with their obligations

ASSUNTO(S)

trabalho succession leasing direito arrendamento sucessão labor

ACESSO AO ARTIGO

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