Disregard of legal entity in labor law and the liability of the withdrawing member

Abstract

This article examines the piercing of the corporate veil in Labor Law, focusing on the limits of the withdrawing partner's liability. It analyzes the major and minor theories, still awaiting uniformization under Topic 042 of the TST, the procedure of Article 855-A of the CLT, and the stricter standards arising from Topic 1,232 of the STF and Topic 26 of the TST. In light of Article 10-A of the CLT, it distinguishes the material scope of liability, limited to the period of actual membership, from the two-year term counted from the registration of the withdrawal. It argues that, in unmotivated withdrawal formalized by judgment in a partial dissolution action, the withdrawing partner's liability covers only obligations prior to the resolution date set under Article 605 of the CPC.