In landmark decision, labor court holds spouse liable for labor debt
By Jacques Rasinovsky Vieira and Gabriella Nudeliman Valdambrini
The Regional Labor Court for the 18th Circuit – more specifically for the state of Goiás – has recently ruled that a spouse is to be jointly liable for labor debts.
The decision took into consideration the fact that the spouse presumably benefited from the profits made by the respondent company.
This is a landmark decision whose purpose is to safeguard the employee’s rights already granted by a court order.
The decision, however, provides less legal certainty since it puts at risk the assets of third parties that had not been involved in the conflict nor had directly benefitted from the employment under dispute.
Because it was issued by a regional court, the decision is still subject to the review of the Superior Labor Court.
It is our opinion that such decision cannot be applied arbitrarily. In order for a spouse to be held liable for a debt not attributable to him or her, a series of requirements must be met. The matrimonial regime adopted by the couple is an example.