A regional labor court in Brazil — the TRT of the 2nd Region — has determined that the spouse of a business partner may be included in a labor enforcement proceeding, even if the spouse is not formalized as a partner in the company’s corporate documents. The decision reinforces the understanding that, for purposes of labor liability, courts may extend the scope of enforcement measures to persons who effectively participate in the management or benefit from the business, regardless of their legal title within the company.
In the specific case, the regional labor court upheld an execution petition filed by a former employee, which sought to hold not only the company and its formal partners responsible but also the partner’s spouse, on the basis that the spouse had relevant involvement in the company’s activities and decision-making. The court examined the practical role played by the spouse and concluded that exclusion solely on the basis of formal corporate status would undermine the effectiveness of labor guarantees and the protection of workers’ rights.
The ruling underscores a broader judicial trend in labor enforcement proceedings, where courts assess the de facto control or benefit derived from business operations, rather than limiting responsibility to persons formally listed in corporate registries. According to this interpretation, individuals closely connected to the operational or economic control of the business — including spouses, family members, or informal managers — may bear responsibility when labor obligations are executed.
This development is relevant for employers and legal practitioners, as it highlights the importance of understanding how labor courts evaluate liability in work-related claims and enforcement actions. The inclusion of persons beyond formal corporate partners in labor executions may affect risk assessments and will likely prompt companies to reconsider governance structures and internal roles to mitigate potential exposure.
Photo: Canva
