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

The apparent confusion of assets in the conflict between the Maksoud heirs

In a comment to VEJA, Family Office coordinator Juliana Maria Raffo Montero talks about the conflict over assets between the heirs of the Maksoud group, a luxury hotel located in Bela Vista, São Paulo, who are disputing the values of the family assets with the creditors in the competitive process. “It’s a typical situation for business families: the confusion of assets between what the business is – represented here by the interests of the creditors – and the heirs’ appetite for the value arising from…

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…

New models in contracting must not infringe rights provided for by law.

The world of work has experienced major changes in contractual relations, including due to the easing of laws, which often raise doubts and can lead to lawsuits. In an interview for Rede Jornal Contábil, partner Alexandre Fragoso Silvestre comments on the major changes in contractual relations seen in the labor market and proposes to explain about outsourcing – presenting the understandings of the Superior Labor Court (TST) and the Federal Supreme Court (STF) – and crowdworking, from a legal point of view. Read more at:…