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Notary is ordered to pay debts left by his predecessor

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Notary office holders are responsible for paying previous debts when ownership is transferred, the continuity of service provision and the economic-legal succession of the notary unit. This was the understanding of the st Panel of the Superior Labor Court (TST) when condemning a notary from the First Office Property Registry Office of the District of Marechal Floriano (ES) to pay installments related to an employment contract signed with the previous holder of the service. reproduction The author continued to work at the registry office during the administration of the new notary Reproduction According to the process, the author, a clerk, filed a lawsuit against the registry office in In December , the new owner had taken over the role and, during his administration, the clerk continued to perform the same functions, until she was given removed from his employment record in March of the following year. In his defense, the new notary stated that he should not be part of the process and asked that his predecessor be included in the case, as he would be solely responsible for the clerk's labor rights. In the first instance, the request was denied on the grounds that the new owner assumes the risks of economic activity, from which he obtains advantageous income resulting from the service operated.

According to the ruling, even Greece Phone Number though it is a delegation of public power, the notary service is provided privately. The decision was upheld by the nd instance. The notary appealed and claimed that the notary's office is not an economic-legal unit that can be transferred from one person to another, as it is the State that delegates the public service, and there is no relationship between the old and new holder of the office. Based on this, he argued that there was no succession of employers and stated that there was no continuity in the employment relationship between the previous administration and his own. When analyzing the files, Minister Dezena da Silva observed that the clerk provided services to the registry office and continued to do so after the new owner took over the registry office, which continued to operate in the same location. "Any conclusion to the contrary, in order to rule out the transfer of the economic-legal unit or the solution of continuity in the provision of services, would require a re-examination of the factual and evidentiary set, which is prohibited by Precedent of the TST", he concluded . Therefore, the magistrate rejected the request.



With information Another common criticism is that which makes the naive association between Vargas' corporatism, materialized in the new labor legislation, and the authoritarianism of his government, which can lead to frivolous criticism of labor rights. Likewise, haunting these rights with the nefarious specter of Mussolini does not do them justice. In fact, the minimum wage, the eight-hour day, the prohibition of work for children under years of age, paid annual leave and compensation for laid-off workers are rights that survived the Estado Novo dictatorship. Similarly, the norm that gave legal status to such rights has survived over the last seven decades, despite being constantly and harshly attacked. However, in the st century, the benefits of a " signed contract" remain expensive in the popular imagination. Critics of labor rights ask: is it really possible to see even the slightest trace of fascist rancidity in the smile of a worker on his first day of vacation? information about the scope and concrete effects of articles and of the CLT, about the prevalence of collective agreements in relation to collective labor agreements and nullities of conventional clauses that contradict government economic-financial policy norms or salary policy in force in the country, respectively. Given this situation, it is clear that Brazil remains on the list of countries with cases under consideration by the ILO, and it is necessary for the information to be provided and complemented by the Brazilian government, so that the matter can be effectively known by the international organization.

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