This past Tuesday, February 2nd, our law firm won a case of large repercussion before the TST, involving the nature of joinders of defendants, in disputes which discuss outsourcing.
The importance of the decision arises from the fact that some labor judges had the understanding that a joinder, in these cases, was optional and individual. That ended up preventing the application of the Superior Court of Justice’s understanding, originated from ADPF No. 324 (also sponsored by our firm), in the sense that the outsourcing of any activity is, as a rule, lawful and that the liability of the service taker about labor debts is secondary.
In the trial session, our partner Teresa Arruda Alvim proceeded with oral arguments on behalf of the Brazilian Federation of Banks (FEBRABAN).
The understanding that prevailed is that the joinder between the service provider and the service taker is unitary and mandatory, which strengthens outsourcing.
The firm represented FEBRABAN as amicus curiae. Partners Teresa Arruda Alvim, Maria Lúcia Lins Conceição, and David Pereira Cardoso were involved.
Check out the articles published on the websites Migalhas, CONJUR, JOTA, and Valor, about the IRDR trial:
https://www.jota.info/tributos-e-empresas/trabalho/tst-tomadoras-e-prestadoras-de-servicos-terceirizados-devem-ser-chamadas-em-acao-22022022
https://www.conjur.com.br/2022-fev-22/tomador-prestador-respondem-fraude-terceirizacao-tst
https://valor.globo.com/legislacao/noticia/2022/02/22/terceirizacao-stf-obriga-trabalhador-a-entrar-com-acao-contra-tomador-e-prestador-de-servico.ghtml
https://www.migalhas.com.br/quentes/360234/tst-fixa-tese-sobre-processos-relativos-a-licitude-da-terceirizacao
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