Condominiums · SPD Advocacia
Has the condominium become a defendant in a labor claim? Liability depends on the type of contract
When an employee of a contracted company also sues the condominium, the rule changes according to the contract. In continuous service arrangements, the service recipient may be held secondarily liable. In construction work under a contract for works (empreitada), a project owner that is not a builder is, as a rule, not liable.
Continuous services
Front desk, cleaning, gardening and security
Under Súmula 331, IV, of the TST (the Superior Labor Court), the employer's failure to meet its labor obligations makes the service recipient secondarily liable, provided that it took part in the proceedings and is named in the enforceable judgment. Item VI extends this liability to all amounts awarded for the period during which the services were provided.
Law 6,019/1974, art. 5º-A, § 5º, added by Law 13,429/2017, also provides for the secondary liability of the contracting party for the period in which the services were provided.
The defense works with the actual period during which the employee worked at the condominium, with the amounts that truly belong to that period and with the order of collection: first the employer, then the service recipient.
Construction and renovation
When the condominium owns the project
OJ 191 of the TST's SDI-1 (Specialized Section for Individual Disputes) states that a civil construction contract for works between the project owner and the contractor does not create joint or secondary liability for the contractor's labor obligations, unless the project owner is a construction or development company.
In IRR Tema 6 (IRR-190-53.2015.5.03.0090), the TST confirmed that this exclusion is not limited to individuals or to micro and small businesses. It also held that, except for public entities, the project owner is secondarily liable when it hires a contractor lacking economic and financial soundness, based on art. 455 of the CLT (Brazil's Consolidated Labor Laws) and on culpa in elegendo. This rule applies to contracts for works entered into after May 11, 2017.
For this reason, before hiring a facade renovation, waterproofing or other work, it is worth checking the contractor's financial health and good standing and keeping these documents.
Builders
What if the project owner is a builder?
The exception in OJ 191 covers the builder or developer that hires a contractor, because it carries out the same economic activity. In these cases, the defense focuses on the period, the amounts claimed and the proof of the employee's connection with the project.
Requirements
What the defense examines
Continuous services or a contract for construction works.
Dates on which the employee worked at the condominium.
Documents on soundness obtained at hiring.
Invoices, progress measurements and proof of payment.
Source: TST, Súmula 331, IV and VI; OJ 191 of the SDI-1; IRR Tema 6 (IRR-190-53.2015.5.03.0090); Law 6,019/1974, art. 5º-A, § 5º.
What is your case?
Situations the firm handles
Doorman employed by an outsourcing firm
Limits of secondary liability.
TST, Súmula 331Cleaning or janitorial assistant
Actual period at the condominium.
TST, Súmula 331, VIEmployee of a landscaping company
Order of collection and period.
Law 6,019, art. 5º-ABricklayer of the renovation contractor
Exclusion of the project owner.
TST, OJ 191Contractor without financial capacity
Proof of careful selection.
TST, IRR Tema 6Before hiring works or services
Contract and documents on soundness.
Advice to the building managerStep by step
How the firm works
- Analysis. We read the labor claim, the contract with the company and the period of service.
- Defense. Statement of defense, preparation of the company representative (preposto) and hearings.
- Enforcement. Monitoring of collection against the employer before the condominium.
- Prevention. Review of contracts with service providers and contractors.
Case review
Let us review the condominium defense
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Does the condominium always pay the outsourcing firm's debt?
The service recipient's liability is secondary and covers the amounts for the period of service. Collection is directed first at the employer.
What if the employee worked on the building renovation?
In civil construction contracts for works, OJ 191 of the TST, as a rule, rules out the liability of a project owner that is not a builder. The exception is hiring an unsound contractor, in contracts signed after May 11, 2017.
Does the building manager need to attend the hearing?
The condominium may be represented by a company representative (preposto). The firm prepares the person who will testify.
Do you serve condominiums in other states?
Yes. We work throughout Brazil, with electronic court filings and remote hearings when the court allows them.
Lawyer for condominiums in labor claims
SPD Advocacia defends condominiums from all over Brazil that are named in labor claims by employees of outsourcing firms and contractors.
Continuous services
TST Súmula 331 and Law 6,019/1974 provide for the secondary liability of the service recipient for the period of service.
Contract for works
OJ 191 of the TST, as a rule, rules out the liability of a project owner that is not a builder or developer.
Informational content, in accordance with OAB (Brazilian Bar) Provision 205/2021. Each case depends on a review of the documents, and no result is promised.