Equiparação salarial entre empregados de empresas distintas do mesmo grupo econômico

Abstract

Cases in which employees of different companies, though from the same economic group, seek equal pay, have become increasingly frequent. Due to such, we examine in the present study the requirements for equal pay provided for in article 461 of the Consolidated Labor Laws (CLT), complemented by Precedent no. 6 of the Superior Labor Court (TST). Within the requirements established in the mentioned provision, we believe the employee and paradigm employee are to provide services to the same employer. From the concept of such requirement, two lines of thought arise, which examine the meaning of the expression “same employer”, and thus analyze the possibility of having or not the right to equal pay among employees of different companies belonging to the same economic group. The reason is that the first line of thought views that the economic group is the single employer, and for this reason equal pay applies. However, the line of thought adopted in this study, which is also supported by the current position of the TST, regards that as the economic group has its own legal identity, with distinct management and activities, in accordance with article 2, paragraph 2, of the CLT, there is no equal pay among employees of different companies belonging to the same economic group, since the group is not the single employer, but instead only jointly liable for the labor obligations, together with the principal debtor