Art. 444. Livre Estipulação
Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
Páginas | 49-50 |
Page 49
O caput do art. 444 da CLT trata da livre estipulação, ou da autonomia da vontade das partes em negociarem as condições contratuais naquilo que
Page 50
contraponha as normas coletivas, as decisões das autoridades e as normas de proteção ao trabalho. Na prática, poucos eram os assuntos que poderiam ser livremente estipulados entre as partes. Mas o parágrafo único trouxe inovações.
"Art. 444. [...]
Parágrafo único. A livre estipulação a que se refere o caput deste artigo aplica-se às hipóteses previstas no art. 611-A desta Consolidação, com a mesma eficácia legal e preponderância sobre os instrumentos coletivos, no caso de empregado portador de diploma de nível superior e que perceba salário mensal igual ou superior a duas vezes o limite máximo dos benefícios do Regime Geral de Previdência Social." (NR)
Este parágrafo recém incluído, diz que aqueles empregados com diploma de nível superior e com salário igual ou superior a duas vezes Regime Geral de Previdência Social (o que atualmente resulta em um valor de aproximadamente R$ 12.000,00) poderão negociar individualmente os direitos previstas no rol do art. 611-A, e esta negociação terá maior valor neste caso que as próprias convenções ou acordos coletivos. O valor para cálculo deverá ser o salário base do empregado.
A...
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