The case analyzed by the TST, in which the decision to release the partner who left the company from liability was issued, refers to a labor claim filed against two companies belonging to the same economic group, in which the parties entered into an agreement that was subsequently breached.
The labor enforcement action was initiated and the company’s former partner was included in the lawsuit and had a certain amount blocked from his account.
In an appeal to the TRT2, the former partner clarified that he sold the company to the economic group and withdrew from the partnership 12 days after the sale. He stated that at the time of the sale, his company had no employees and that he did not benefit from the plaintiff’s efforts.
Despite the former partner’s allegations, the TRT2 maintained the seizure, claiming that the partner’s participation was partly concurrent with the employment contract.
The withdrawing partner appealed to the Superior Labor Court (TST), which overturned the decision to exclude him from the passive side of the lawsuit, removing his liability for the credits.
According to the TST’s understanding, “the 12-day period between the sale of the company and its respective registration does not have the power to allow the invasion of the assets of the withdrawing partner, because in that short period of time the withdrawing partner could not intervene in the destiny of the economic group then formed, especially taking into account his intention to leave the company then formed.”
