Magistratura Do Trabalho CSJT Practice Questions - Concurso Nacional Da Magistratura Do Trabalho (CSJT TST) Exam

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Company Alpha acquired the manufacturing division and productive assets of Company Beta, continuing the exact same industrial operation with the existing workforce. An employee hired prior to the acquisition files a labor complaint seeking unpaid overtime accrued while working under Company Beta. According to Arts. 10 and 448-A of the CLT, who is liable for these labor debts?

Company Beta remains exclusively liable for all labor debts accrued prior to the acquisition date. Company Alpha (the successor) is exclusively liable for all contractual labor obligations, with Company Beta (the predecessor) being solidarily liable only if fraud or simulated transfer is proven. Both companies are automatically solidarily liable for all pre-existing labor obligations, regardless of fraud. Liability is divided pro-rata based on the exact number of months the employee served under each respective corporate entity.

Correct Answer:

Company Alpha (the successor) is exclusively liable for all contractual labor obligations, with Company Beta (the predecessor) being solidarily liable only if fraud or simulated transfer is proven.

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