Art. 59. Horas Extras, Banco de Horas e Acordo de Compensação
Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
Páginas | 26-27 |
Page 26
Art. 59. A duração diária do trabalho poderá ser acrescida de horas extras, em número não excedente de duas, por acordo individual, convenção coletiva ou acordo coletivo de trabalho.
§ 1º A remuneração da hora extra será, pelo menos, 50% (cinquenta por cento) superior à da hora normal.
[... ]
§ 3º Na hipótese de rescisão do contrato de trabalho sem que tenha havido a compensação integral da jornada extraordinária, na forma dos §§ 2º e 5º deste artigo, o trabalhador terá direito ao pagamento das horas extras não compensadas, calculadas sobre o valor da remuneração na data da rescisão.
Page 27
§ 4º (Revogado).
§ 5º O banco de horas de que trata o § 2º deste artigo poderá ser pactuado por acordo individual escrito, desde que a compensação ocorra no período máximo de seis meses.
§ 6º É lícito o regime de compensação de jornada estabelecido por acordo individual, tácito ou escrito, para a compensação no mesmo mês.
A principal alteração ocorrida nesse artigo, foi a relativa ao regime de compensação poder ser celebrado por acordo individual de trabalho, e neste caso, a compensação deverá ocorrer em um prazo máximo de seis meses, ao contrário daquela prevista...
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