Ex-funcionários da falida Leite Nilza cobram pagamento de dívidas trabalhistas que somam R$ 12,1 milhões

Por G1

Ex-funcionários da falida Indústria de Alimentos Nilza realizaram uma manifestação nesta terça-feira (1º) em frente à antiga fábrica em Ribeirão Preto (SP) para reivindicar o recebimento das dívidas trabalhistas a que eles têm direito.

Os trabalhadores reclamam ainda que ex-donos da Montelac Alimentos S.A, que comprou a empresa antes do processo de falência, ingressaram com uma ação no Tribunal de Justiça de São Paulo (TJ-SP) pedindo prioridade no recebimento dos valores.

“O que a gente quer é que eles vão para a fila, lá trás. Não cheguem primeiro que a gente para receber esse valor, sendo que a gente já fez várias movimentações, já abrimos mão de 20% para receber esse dinheiro”, disse Francisco Carlos Pinho.

O ex-funcionário se refere a um acordo realizado no ao passado, após uma assembleia em maio, em que os trabalhadores aceitaram receber os valores referentes às dívidas – cerca de R$ 14,5 milhões – de maneira antecipada, mas com um desconto de 20%.

“Esse pedido inviabilizou o nosso pagamento, ou seja, enquanto esse processo não for julgado, o juiz não consegue pagar a gente, mesmo abrindo mão dos 20%. O que a gente quer é sensibilizar a Justiça para não aprovar esse pedido”, afirmou Pinho.

O pagamento das dívidas trabalhistas, bem como dos demais débitos, deverá ser feito pela venda do patrimônio da empresa, que já negociou parte dos bens. A marca Nilza foi vendida por R$ 7 milhões e a unidade de Campo Belo (MG) R$ 9 milhões.

Outros R$ 2 milhões foram obtidos com a comercialização de um terreno em Alfenas (MG), mais R$ 1,8 milhão na venda de equipamentos industriais e outros R$ 450 mil com o leilão de veículos da empresa.

Avaliado em R$ 185 milhões, o restante do patrimônio, que inclui a matriz da indústria em Ribeirão, além de unidades em Itamonte (MG), e Quartel Geral (MG), foi desmembrado em 2015 e levado a pregão eletrônico ao menos duas vezes, mas não obteve propostas.

As dívidas trabalhistas consolidadas, são apenas parte dos cerca de R$ 650 milhões em débitos acumulados pela indústria de alimentos, que incluem créditos extraconcursais, pedidos de restituição, credores com garantia real e pendências com o Fisco.

Prioridades

Em nota, o administrador judicial Alexandre Borges Leite explicou que, após a assembleia geral, em 2017, a maioria dos credores extraconcursais já havia concordado com o pagamento antecipado dos ex-funcionários.

Para isso, seria utilizado o valor obtido com a venda dos bens, depositado em juízo. Entretanto, o pedido de restituição feito pelos ex-proprietários impede esse pagamento, uma vez que a lei de falência estabelece uma ordem legal para que os credores sejam pagos.

“A discussão foi encaminhada para o Tribunal de Justiça, que deu provimento a ação deles. Hoje, o pedido deles alcança R$30 milhões. A Massa Falida recorreu. Está pendente de julgamento no Tribunal de Justiça”, diz o comunicado.

Borges Leite destacou que ainda resta vender a fábrica e o terreno da indústria em Ribeirão, avaliados em R$ 45 milhões, além da unidade em Itamonte, cujo valor é de aproximadamente R$ 18 milhões.

“Estamos trabalhando muito para pagar os ex-empregados. É nossa prioridade, mas não depende só desse administrador judicial e do juiz da 4ª Vara Cível de Ribeirão Preto”, finaliza a nota.

Falência

A Indústria de Alimentos Nilza surgiu em 2004 da organização de sete cooperativas. Dois anos depois, foi comprada por Adhemar de Barros Neto, que iniciou um plano de expansão.

Em 2008, a indústria comprou as unidades de Itamonte e Campo Belo, passando a processar 1,5 milhão de litros de leite por dia em suas três unidades, que contavam com mil profissionais.

No mesmo ano das aquisições, no entanto, veio a crise no setor leiteiro brasileiro e a dificuldade de obtenção de créditos bancários com os problemas no setor imobiliário dos Estados Unidos.

Em janeiro de 2011, a 4ª Vara Cível de Ribeirão decretou a falência da empresa após constatar uma série de fraudes no processo de recuperação judicial e na negociação de venda da companhia.

Cinco meses depois, a decisão de falência foi revogada e 40 funcionários foram recontratados. Foram feitos testes no laticínio, mas a produção comercial não chegou a acontecer.

Em outubro de 2012, o Tribunal de Justiça de São Paulo (TJ-SP) decretou a segunda falência, que dura até hoje.

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