Sports Succession and Substitution of Employer ways to guarantee labor rights

Abstract

Labor law has always looked for mechanisms to achieve the guarantee of the payment of workers' salaries,
in this essay we analyzed two legal figures, curiously similar, but differing in some things, these are the
sports succession and the substitution of the employer. The Sports Succession can be defined as a way to
guarantee the labor rights in favor of the creditors of a sports club, which, for reasons of bankruptcy or
dissolution, has not made the payment of its obligations, adding that now a new club that has been called
Sports Successor, acquires not only the assets of the club, such as its history, colors, shield, titles,
patrimonial assets, but also the liabilities, such as labor, civil, mercantile and fiscal debts, not being able to
avoid these, if its quality of Sports Successor of the team that preceded it is declared as res judicata. The
substitution of the employer can be defined as a guarantee of labor stability, when there is a sale or merger
of a work entity, so that the workers do not see their labor rights in danger. It may happen that a sports team
disappears for different reasons and the workers of these teams are left without being able to receive their
due remunerations. This is the point of comparison with the substitution of the employer, since both seek
to provide security of payments to the workers and to allow the continuity of the labor relations.