Divergences between the STF and TST on pejotization

In an article for Revista Consultor Jurídico (ConJur), partner Alexandre Fragoso Silvestre talks about the news that has emerged about STF decisions that change previous TST and TRT decisions. These decisions mainly deal with the recognition of employment relationships for workers hired as legal entities.

“The case being discussed must be closely connected, correlated, bring the same facts, so that it can then have its merits assessed. In other words, in order to allow pejotização, for example, of doctors or any other liberal professional, it is essential that in the ordinary instances it has not been proven that there was fraud, or that the four main requirements of the employment relationship were not present, namely: onerousness, personality, habituality and subordination”, explains Alexandre.

Read the full article at https://www.conjur.com.br/2024-mai-25/divergencias-entre-stf-e-tst-em-relacao-a-pejotizacao/

Related publications

How to perform M&A transactions in Brazil

In M&A operations, domestic and foreign companies seek to expand their business, with the expectation of gains in business synergy, meaning, therefore, the means to make their inorganic growth viable. As will be better detailed below, it is a transaction that requires expertise in negotiation techniques, participation not only of legal professionals, but also of accounting and financial authors, application of protection mechanisms (both buy side and sell side), always with the objective of equipping the parties involved in the operation with tools and structures…

The possibility of dismissal without just cause and the judgment of the subject by the STF

It is again on the agenda in the STF, the subject of the possibility or not of the dismissal, by the employer, without just cause of its employees through the trial that will take place in a virtual way, at first between the 19th and 26th of May. In an interview with Link Jurídico, the lawyer specializing in Labor Law, Giovana Angelis, comments on. Stay on top of the subject and check out the full interview: https://lnkd.in/daHQ88Di

Law 14,611, of July 2023, and equal pay

Law No. 14,611 was published, bringing a new angle to wage equality and remuneration criteria between women and men who perform work of equal value or perform the same function, as well as amending the Consolidation of Labor Laws (CLT), which now provides for a fine of 10 times the amount of the new salary owed by the employer to the discriminated employee, and increased to twice as much, in case of recurrence, without prejudice to other legal sanctions. In addition, the same law determines…
Briganti
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.