Recovering company can raise FGTS to pay salary

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Movement of vehicles

Judge authorizes recovering company to raise FGTS funds to pay salary

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In view of the restrictions caused by the pandemic of the new coronavirus and the consequent drop in revenues of the passenger and cargo transportation company that is undergoing judicial recovery, Judge Rafael de Araújo Rios Schmitt, of the 2nd Civil Court of Caçador (SC), authorized a survey of funds deposited in court and which will be used to pay employee salaries in April and May.

Transport company sales fell almost 50% in March after restrictions Credit: Anna Grigorjeva

This is an amount of R $ 4 million added after the sale of the company’s property in Chapecó, with the consent of the Federal Government, and deposited for payment of the Guarantee Fund for Length of Service.

The petition was made by the lawyer Gabriel de Farias Gehres, gives Cavallazzi Andrey Restanho Araújo Advocacia, and shows a drop of almost 50% of the expected revenue for the month of March, with even worse projections for the following months. It also mentions Decree 515/2020, which prohibits the circulation of passenger transport vehicles through Santa Catarina for seven days, with the possibility of extension.

The decision recognizes that the decree, although plausible, directly affects the situation of the recovering company. Thus, it granted the request to withdraw the amounts to be “used only and exclusively for the payment of employees’ salaries, with no permission for any other destinations that, if deemed necessary, will depend on prior judicial authorization”.

It also determines that the judicial administrator should report on the deed every two weeks, together with the recoveries, under pain of responding personally.

In addition, to preserve the goal initially set out in the judicial reorganization, it determines the separation of R $ 4 million from the amounts generated by another real estate auction, held on the 10th of March.

Click here to read the decision
0301182-10.2016.8.24.0012

Source link
https://www.conjur.com.br/2020-mar-23/empresa-recuperacao-levantar-verba-fgts-pagar-salario

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