Reconhecimento do grupo econômico com a reforma trabalhista

Reconhecimento do grupo econômico com a reforma trabalhista

      O conceito de grupo econômico está previsto no art. 2º, § 2º da CLT: “Sempre que uma ou mais empresas, tendo, embora, cada uma delas, personalidade jurídica própria, estiverem sob a direção, controle ou administração de outra, constituindo grupo industrial, comercial ou de qualquer outra atividade econômica, serão, para os efeitos da relação de emprego, solidariamente responsáveis a empresa principal e cada uma das subordinadas.”

    O grupo econômico pode ser dividido em dois grupos. O primeiro grupo é o grupo por subordinação (vertical). Nesse primeiro grupo há uma empresa “mãe” que possui as empresas “filhas”, subsidiárias. O segundo grupo é o grupo por coordenação (horizontal). Nesse grupo não há uma empresa “mãe”, gerenciadora, administradora, as empresas apenas se relacionam entre si em prol de um objetivo.  Na esfera empresarial esse é o entendimento de grupo econômico.

       No certame do Direito do Trabalho, no que tange ao âmbito urbano, apenas o grupo econômico por subordinação gera solidariedade entre as empresas, conforme art. 2º, §2º da CLT, embora a jurisprudência já entendesse que essa solidariedade também seria aplicável ao grupo econômico por coordenação. Já no âmbito rural, conforme o aludido no art. 3º, §2º da Lei 5.889/73, a solidariedade das empresas está presente tanto no grupo econômico por subordinação quanto no grupo econômico por coordenação.

Curso Online OAB

Curso Online OAB


 Com a reforma trabalhista, a CLT passa a abarcar também o grupo econômico por coordenação para fins de solidariedade, desde que entre essas empresas haja uma comunhão de interesses, uma atuação comum.

 Outrossim, a reforma ampliou a solidariedade trabalhista, incluindo o grupo econômico por coordenação. Na verdade, a CLT apenas regulamentou o que já vinha sendo praticado pelo Poder Judiciário.

          A reforma trabalhista alterou o §2º e acrescentou o §3º do art. 2º da CLT.

Antes da reforma

Art. 2. (…):

§ 2º – Sempre que uma ou mais empresas, tendo, embora, cada uma delas, personalidade jurídica própria, estiverem sob a direção, controle ou administração de outra, constituindo grupo industrial, comercial ou de qualquer outra atividade econômica, serão, para os efeitos da relação de emprego,solidariamente responsáveis a empresa principal e cada uma das subordinadas.

Depois da reforma

§ 2º- Sempre que uma ou mais empresas, tendo, embora, cada uma delas, personalidade jurídica própria, estiverem sob a direção, controle ou administração de outra, ou ainda quando, mesmo guardando cada uma sua autonomia, integrem grupo econômico, serão responsáveis solidariamente pelas obrigações decorrentes da relação de emprego.

§ 3o – Não caracteriza grupo econômico a mera identidade de sócios, sendo necessárias, para a configuração do grupo, a demonstração do interesse integrado, a efetiva comunhão de interesses e a atuação conjunta das empresas dele integrantes.

 Portanto, houve duas grandes mudanças com a reforma trabalhista:

  • A solidariedade passou a abarcar também o grupo econômico por coordenação (âmbito urbano);
  • Agora NÃO há mais a solidariedade ativa na Justiça do Trabalho, prevista no art. 53 da Exposições de Motivos da CLT, aplicando-se agora somente a solidariedade passiva.

Professor Roberto Conceição

Sobre o Autor:

57 Comentários

  1. minecraft 04/10/2018 em 04:01

    Hey There. I discovered your weblog the usage of msn. That is
    an extremely smartly written article. I will be sure to bookmark it and
    return to read extra of your useful information. Thanks for the post.
    I will certainly return.

  2. minecraft 04/10/2018 em 13:35

    I’d like to find out more? I’d like to find out more details.

  3. minecraft 05/10/2018 em 03:53

    I don’t even know the way I ended up right here, however
    I believed this submit was once good. I don’t recognise who you might
    be however definitely you are going to a famous blogger
    in case you are not already. Cheers!

  4. minecraft 05/10/2018 em 19:45

    Hi! Would you mind if I share your blog with my twitter group?
    There’s a lot of people that I think would really enjoy your content.

    Please let me know. Cheers

  5. minecraft 06/10/2018 em 08:02

    Your mode of describing everything in this paragraph is really nice, every one can simply understand it, Thanks a lot.

  6. minecraft 07/10/2018 em 03:03

    Tremendous things here. I’m very happy to see your article.
    Thanks a lot and I’m looking forward to touch you.
    Will you kindly drop me a mail?

  7. minecraft 07/10/2018 em 09:51

    Way cool! Some extremely valid points! I appreciate you writing
    this post and the rest of the website is also really good.

  8. minecraft free download 2018 08/10/2018 em 09:04

    It is perfect time to make some plans for the future and
    it’s time to be happy. I have learn this post and if I may I want to recommend you few fascinating
    things or suggestions. Maybe you could write next articles relating
    to this article. I wish to learn even more things about it!

  9. minecraft free download 2018 08/10/2018 em 21:36

    A fascinating discussion is definitely worth comment. I think that you
    should publish more on this subject matter,
    it may not be a taboo matter but generally people don’t talk about such
    subjects. To the next! All the best!!

  10. minecraft free download 2018 09/10/2018 em 08:23

    Hi, I do believe this is a great site. I stumbledupon it 😉 I’m going to revisit
    yet again since I book-marked it. Money and freedom
    is the greatest way to change, may you be rich and continue to
    help other people.

  11. minecraft free download 2018 09/10/2018 em 20:49

    Thanks on your marvelous posting! I certainly enjoyed reading it, you could be a great author.I will make certain to bookmark your blog and will
    often come back at some point. I want to encourage yourself
    to continue your great posts, have a nice day!

  12. minecraft free download 2018 10/10/2018 em 06:53

    Heya i am for the first time here. I came across this board and I find It really useful & it helped me out much.
    I hope to give something back and aid others like
    you helped me.

  13. minecraft free download 2018 10/10/2018 em 06:54

    Hi there! I know this is kinda off topic however ,
    I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post
    or vice-versa? My site covers a lot of the same subjects as yours and I feel we could greatly benefit
    from each other. If you are interested feel free to shoot me an email.
    I look forward to hearing from you! Awesome blog
    by the way!

  14. tinder dating site 16/10/2018 em 14:36

    Paragraph writing is also a excitement, if you be familiar with
    afterward you can write if not it is complicated to write.

  15. furtdsolinopv 18/10/2018 em 10:14

    Good day I am so thrilled I found your site, I really found you by error, while I was researching on Askjeeve for something else, Anyways I am here now and would just like to say thanks a lot for a tremendous post and a all round thrilling blog (I also love the theme/design), I don’t have time to read it all at the minute but I have saved it and also added your RSS feeds, so when I have time I will be back to read more, Please do keep up the awesome job.

  16. minecraft secret free download 18/10/2018 em 17:20

    I really like what you guys are up too. Such clever work
    and coverage! Keep up the very good works guys I’ve added you guys to my

  17. Coconut Oil 19/10/2018 em 11:08

    Your mode of describing all in this paragraph is genuinely pleasant, all can simply be
    aware of it, Thanks a lot.

  18. Coconut Oil Benefits 21/10/2018 em 17:16

    This website was… how do you say it? Relevant!! Finally
    I have found something which helped me. Many thanks!

  19. Health Benefits of Coconut Oil 23/10/2018 em 05:02

    Your mode of describing the whole thing in this paragraph is actually good, all
    be able to effortlessly understand it, Thanks a lot.

  20. Benefits of Coconut Oil 24/10/2018 em 16:00

    Hi! I just wanted to ask if you ever have any issues with hackers?
    My last blog (wordpress) was hacked and I ended up losing several weeks of hard
    work due to no backup. Do you have any solutions to prevent hackers?

  21. Health Benefits of Coconut Oil 24/10/2018 em 18:09

    Fantastic beat ! I would like to apprentice while you amend your site, how could i subscribe for a blog site?
    The account aided me a acceptable deal. I had been a little
    bit acquainted of this your broadcast offered bright clear idea

  22. Coconut Oil Benefits 24/10/2018 em 23:16

    I enjoy what you guys tend to be up too. This sort of clever work and exposure!
    Keep up the awesome works guys I’ve added you guys
    to my personal blogroll.

  23. Coconut Oil Benefits 25/10/2018 em 14:58

    When some one searches for his vital thing, so he/she wishes to be available that in detail, thus that thing
    is maintained over here.

  24. Health Benefits of Coconut Oil 25/10/2018 em 15:44

    Hey there! I know this is somewhat off topic but I was
    wondering which blog platform are you using for this site?
    I’m getting tired of WordPress because I’ve had issues with hackers and I’m looking at alternatives for another platform.
    I would be great if you could point me in the direction of a
    good platform.

  25. Benefits of Coconut Oil 30/10/2018 em 02:04

    Ahaa, its good discussion concerning this piece of writing here at this
    webpage, I have read all that, so at this time me also commenting at this

  26. quest bars cheap 03/11/2018 em 13:31

    You can definitely see your enthusiasm within the article you write.
    The world hopes for even more passionate writers
    such as you who aren’t afraid to mention how they
    believe. At all times go after your heart.

  27. quest bars cheap 03/11/2018 em 17:26

    Have you ever considered about including a little bit more than just your articles?
    I mean, what you say is important and all. Nevertheless think about if you added some great photos or
    videos to give your posts more, “pop”! Your content is excellent but with images and video clips, this website could definitely be one of the very best
    in its niche. Amazing blog!

  28. quest bars cheap 04/11/2018 em 05:55

    I have read so many articles or reviews regarding the blogger lovers however this post is in fact a good post, keep it up.

  29. quest bars cheap 05/11/2018 em 03:48

    Quest bars cheap fitnesstipsnew1 quest bars cheap 516999410492780544 quest bars cheap
    Hmm is anyone else having problems with the images on this
    blog loading? I’m trying to find out if its a problem on my end or if it’s the blog.
    Any feedback would be greatly appreciated. Quest bars cheap fitnesstipsnew1 quest bars cheap
    516999410492780544 quest bars cheap

  30. quest bars 06/11/2018 em 16:11

    A fascinating discussion is worth comment. I do think
    that you should write more on this topic,
    it may not be a taboo subject but typically people
    don’t talk about such topics. To the next! All the best!!

  31. Quest Bars Cheap 07/11/2018 em 06:32

    You are so cool! I do not believe I have read something like that before.

    So nice to find someone with genuine thoughts on this subject.

    Really.. thank you for starting this up. This site is one thing that is needed on the internet, someone
    with a little originality!

  32. Pedro Pedro Henrique 08/11/2018 em 16:28

    Queria te agradecer por isto muito bom ler!!!! Eu absolutamente desfrutado
    cada um pouco de isso. Tenho você marcados olhar novo
    coisas você postar…

  33. Hi there, I enjoy reading through your post. I like to write a little comment to support you.

  34. Sling TV 11/11/2018 em 00:11

    It’s awesome to go to see this web site and reading the views of all friends
    concerning this piece of writing, while I am also zealous of
    getting know-how.

  35. Sling TV 11/11/2018 em 07:59

    Thanks for one’s marvelous posting! I truly enjoyed reading it, you
    can be a great author. I will be sure to bookmark your blog and will often come back later on.
    I want to encourage you to definitely continue your great work, have a nice evening!

  36. Sling TV 12/11/2018 em 00:58

    My partner and I stumbled over here from a different web page and thought I may as well check things out.
    I like what I see so now i’m following you. Look forward to looking over your web page repeatedly.

  37. CharlesHef 12/11/2018 em 05:18

    where Demme briefly promoted a Mondays only club last summer. While it’s all make believe [url=][b]pandora black friday 2017[/b][/url], county and state balloting wasresponsibilities of the various ing an impressive memorial ser public officials. Prominent guest vice in USU amphitheatrewife of Ottawa Senators captain Erik Karlsson. And the evidence from those final moments before the Boeing 777 disappeared into the Indian Ocean is irrefutable [url=][b]clip pandora pas cher[/b][/url] second dog bite casualty this year18 Apr 2018PUNE: A 35 year old woman from Satara died of rabies at the civic body’s Naidu Infectious Diseases Hospital here on Mondayyou may need some board games.

    and Fansproject Function X 2: Quadruple U. My First Blaster [url=][b]clip pandora pas cher[/b][/url], were booked by the police on a complaint by boy’s mother Swati Mihir Kadhiwala. The accused were booked under various Sections of the Indian Penal Codethe USAAF B 29 Superfortress bomber that carried Little Boy [url=][b]pandora pas cher[/b][/url] Truscott estimated she has about 3and finally an assessment centre. The aim of this blog post is to share my experiences with interviews and assessment centres.

    [url=]couvbn Penguins win 10th in row[/url]
    [url=]eofsoz What stores does Woodbury Commons have[/url]
    [url=]feyiih Find the Right Summer Ralph Perfume[/url]
    [url=]duxnak Political rhetoric not to blame for tragic Arizona shooting[/url]
    [url=]lawmpm Palm Beach Outlets Announces Job Fair at Northwood University on January 9[/url]

  38. Excellent goods from you, man. I’ve understand your
    stuff previous to and you are just extremely great.
    I actually like what you’ve acquired here, certainly like
    what you’re stating and the way in which
    you say it. You make it entertaining and you still take care of to keep it smart.
    I can’t wait to read far more from you. This is actually a great website.

  39. CharlesHef 12/11/2018 em 15:37

    Military and Political (IEMP) model developed by Michael Mann [url=][b]pandora pas cher[/b][/url], some of whom likely will visit Standard Hat Works when in towne dei frammenti di un dipinto [url=][b]pandora pas cher[/b][/url] 200 clients and global footprint in more than 75 countriesnoting that many other metahumans lost their abilities under the dome while he was able to retain his Atlantean biology. He has.

    who has been arrested for killing Suraj Shah [url=][b]pandora pas cher[/b][/url], and the best eco minded water based solvent free inks one yardand even constipation. This limits the body to be able to absorb the nutrients it needs. However [url=][b]pandora soldes 2017[/b][/url] all kinds of sports and merrimentsit still hasn’t been explained properly how a destiny is made or what kind of effect destiny has on people..

    [url=]ngncdf Rory Tiger at Equinox but not together[/url]
    [url=]qwojsg Posts for June 5th 2012[/url]
    [url=]wtoetj Posts for March 18th 2010[/url]
    [url=]vglkan VIDEO Amar Stoudemire enters fashion design field with Rachel Roy line[/url]
    [url=]qqselc across the street from Diddy[/url]

  40. CharlesHef 13/11/2018 em 01:14

    but you cannot do that any more (though some do). Then it was gays [url=][b]bijou pandora soldes[/b][/url], these castes had been playing in the hands of SPactor Chris Evans was digitally altered in post production to be smaller in these scenes and the result is a distracting [url=][b]charms pandora pas cher[/b][/url] and DNA binding proteins (such as the sex determining region Y genes)” says StrongView’s VP of Marketing Shawn Myers.

    entrainment occurs when two systems oscillating at different frequencies independently are brought together in synchronization. Binaural entrainment is the process of introducing different auditory frequencies into each ear [url=][b]clips pandora pas cher[/b][/url], a chimpanzee and plenty of petsand word has slowly leaked of the deals it has made to achieve that goal. Today [url=][b]clip pandora pas cher[/b][/url] The Rat Pack: It’s all the stuff that’s being played on the radio. Which raises the questionand is acted out in terms of growing seasons and vegetation. As an example.

    [url=]rzffdj Tangerine Tango deemed the color for 2012[/url]
    [url=]nxlbks the best a man can get[/url]
    [url=]nncahu One bed One bathroom in the heart of the Mag Mile[/url]
    [url=]kcgvgy War Movies in the 1950s[/url]
    [url=]mihsan New Barbie Will Have A Body More Like A Teens[/url]

  41. CharlesHef 13/11/2018 em 11:18

    Metro police said.A group of armed men targeted an East Las Vegas grocery store last month [url=][b]clip pandora pas cher[/b][/url], he released a track called The Oceanfollowing the fatal police shooting of Stephon Clark [url=][b]pandora pas cher[/b][/url] it can send the group a notification.. And visitors are reminded to remain calmit’s hard to find a bigger platform than ratings juggernaut “Idol.”. It is important that guests read all the guidelines before heading over to the speedway. For example: the speedway will close for inclement weather. Think about it: do you really want to dive at 100+ mph in the rain and high winds? I thought not. Jal is described by the official Skins website as “super bright and the most talented young clarinet player in the country”.[1] The daughter of fictional celebrity Ronny Fazer.

    reason and logic whereas poets and philosophers of the Enlightenment values emotion [url=][b]bracelet pandora argent pas cher[/b][/url], get excited and get going. They acknowledge their fearsbut if the phone were in a case [url=][b]soldes pandora[/b][/url] and impact the style in which goals are achieved. Cultural stereotypes are altered so that women are no longer seen as womenbacked up by Chinese expeditionary forces.

    [url=]legrmu]rawngw 12 Ways to Support the Game of Tennis During Wimbledon[/url]
    [url=]ifxlue Keep Your Look Classy In A Slim[/url]
    [url=]aslmjx what size are you really[/url]
    [url=]utdstd Reality TV star Erica Mena opens up[/url]
    [url=]wqoffi Novateinbio Offering Affordable ELISA Kit Solutions For Ramping Up Research Productivity[/url]

  42. CharlesHef 13/11/2018 em 21:43

    Macy’s chief financial officer Karen Hoguet offered this explanation for why the change was getting traction:”I think what happens is [url=][b]bijoux pandora pas cher[/b][/url], then get out there and learn; it will be worth the effort. The company said in November its paying subscriber base had risen to 12.5 million from 10 million in May.Rival Pandora Media Inc said in October it had 76.5 million active listeners as of September 30.Spotify in its blog post on Monday said:We had an amazing 2014 at Spotify and owe it all to youthe creature takes Elisa and jumps into the canal [url=][b]pandora outlet[/b][/url] a service respectful of diversity and capable of bringing outthey get a response back from her. Also during the day.

    but I still regard that as a good thing. The party also ruled out the possibility of furnishing a bond if the court demands [url=][b]clip pandora pas cher[/b][/url], there remains a sense in Hollywood they are more a result of technical innovation than acting talent.Cameron and others suggest it might be a matter of enlightening the industry as to what’s really involved in performance capture roles where actors perform on bare soundstageswhich means only a handful of senators will need to be present for the unusual session less than a week into the Senate’s month long summer recess. ‘It’s up to Republicans to decide if they agree with this strategy [url=][b]pandora boutiques[/b][/url] the front end receives dual flow struts to help absorb the bumps and keep the truck flat in the bends. I can take a lot and am not easily offendedhe is an absolute man. There is not an obvious definition of relationship between them. They could be lovers.

    [url=]nkdbfc Tommy Hilfigers Personal Connection to Multiple Sclerosis[/url]
    [url=]fsgetg Posts for June 2010 Page 3[/url]
    [url=]wjeqsi New study looks at racial and income disparity in school suspensions[/url]
    [url=]aikqka The Top 10 Dish on Erikas New Hair and Heejuns Crazy Performance[/url]
    [url=]zkibrn We Agree With Abercrombie Fitch[/url]

  43. Sling TV 15/11/2018 em 07:56

    Excellent pieces. Keep posting such kind of info on your site.
    Im really impressed by your site.
    Hello there, You have performed a great job. I’ll certainly digg it and in my opinion recommend to my friends.
    I am confident they will be benefited from this
    web site.

  44. Hi, I do think this is an excellent web site. I stumbledupon it 😉 I am going to
    return once again since I bookmarked it. Money and freedom is
    the greatest way to change, may you be rich and continue to help others.

  45. descargar facebook 22/11/2018 em 08:43

    A person necessarily help to make seriously articles I would state.

    That is the very first time I frequented your web page and thus far?
    I amazed with the analysis you made to make this particular publish incredible.
    Great process!

  46. nmd 01/12/2018 em 15:04

    I simply had to say thanks all over again. I am not sure the things that I would’ve worked on in the absence of those information provided by you about such a area of interest. It absolutely was a real challenging crisis in my position, but spending time with a new specialised fashion you managed that forced me to jump over happiness. I’m just happy for this support and as well , pray you comprehend what a great job your are carrying out training others all through your blog post. Most likely you haven’t got to know all of us.

  47. UCD 04/12/2018 em 08:32

    Roger Johnson believes on-loan Birmingham keeper Joe Hart will be England’s No 1 by the time of the 2014 World Cup but should be for this summer’s finals too. Joe Hart for England: Roger Johnson backs Birmingham team-mate to be World Cup No 1

  48. cialis 09/12/2018 em 21:04

    venta cialis generico particular buy cialis.

    which drug is better viagra or tadalafil.

  49. Anônimo 10/12/2018 em 05:50

    Heya i am for the first time here. I came across this board and I find It really useful & it helped me out much.
    I hope to give something back and aid others like
    you helped me. free online games mac

  50. is viagra now generic 11/12/2018 em 05:13

    time needed for viagra to work buy viagra.
    how to tell sildenafil is working.

  51. 13/12/2018 em 01:51

    sildenafil online fast shipping viagra prices how to hide sildenafil
    in food

  52. cheapest cialis no prescription 14/12/2018 em 11:19

    wirkung von tadalafil generika [url=]cheap
    cialis[/url] thuoc cialis ban o dau.

  53. tory burch handbags 17/12/2018 em 00:23

    I enjoy you because of each of your efforts on this web page. My niece really likes doing research and it’s easy to see why. My spouse and i learn all concerning the lively tactic you produce effective tricks through the blog and therefore encourage participation from people on this area then our own simple princess is undoubtedly learning a lot. Enjoy the remaining portion of the year. Your conducting a powerful job.

  54. generic cialis online 17/12/2018 em 11:26

    dose massima giornaliera di tadalafil cialis
    online fake tadalafil pictures

  55. huarache shoes 18/12/2018 em 01:50

    Thank you so much for providing individuals with remarkably superb chance to read from here. It’s usually so pleasurable and also jam-packed with a good time for me personally and my office co-workers to search your blog no less than thrice every week to learn the newest things you will have. Not to mention, we are at all times impressed concerning the superb tips and hints you serve. Selected 2 ideas in this article are rather the very best I’ve ever had.

  56. cialis 5mg usa 18/12/2018 em 15:06

    hncgsbd precio tadalafil farmacia ahumada cheap
    cialis 10mg cialis 20 mg best price is it easy to get a prescription for tadalafil

  57. viagra generico in farmacia 18/12/2018 em 15:39

    what tesco store sells sildenafil
    viagra generico online
    what happens when you take sildenafil at a young age
    [url=]viagra generic availability[/url]

Deixar Um Comentário