Justice holds Unimed responsible for outsourced employees

The fact that a laboratory serves other clients does not remove the responsibility of the main service provider over the employees. Based on this understanding, the 6th Panel of the Superior Labor Court recognized the subsidiary responsibility of Unimed in Porto Alegre for the payment of labor credits owed to a laboratory assistant.

Unimed broke the contract with the laboratory, which harmed the author
Unimed Disclosure

According to the process, the plaintiff filed a lawsuit against the health care provider after the contract for the execution of clinical analysis services was unilaterally broken by the medical cooperative. The effects of the breach were “devastating”, which led the laboratory almost to insolvency and non-compliance with its contractual obligations, since the company was the main borrower of clinical analysis services.

The medical cooperative, in its defense, claimed that it did not have contractual relations with the plaintiff and that she did not provide services. Unimed also maintained that the contract was of a mercantile nature, which ruled out its classification as a service taker.

The Regional Labor Court of the 4th Region ruled out subsidiary responsibility, as it understood that Unimed, despite being the main one, was not the only recipient of laboratory services, which provided assistance, simultaneously, to other clients.

Upon analyzing the records, Minister Lelio Bentes Corrêa noted that there was no mere agreement between the laboratory and Unimed, but a contract for the provision of clinical analysis services. The magistrate also found that, according to Precedent 331 of the TST, the service taker should be held liable for obligations not fulfilled by the employer, “nothing mentioning, however, about exclusivity in relation to the services provided”, said Corrêa. Thus, the request was granted. With information from the TST advisory.

RR-10452-25.2014.5.15.0135
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