Art. 71. Intervalo Intrajornada
Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
Páginas | 33-33 |
Page 33
Ao art. 71 da CLT, foi incluído um novo parágrafo: "Art. 71. [...]
[... ]
§ 4º A não concessão ou a concessão parcial do intervalo intrajornada mínimo, para repouso e alimentação, a empregados urbanos e rurais, implica o pagamento, de natureza indenizatória, apenas do período suprimido, com acréscimo de 50% (cinquenta por cento) sobre o valor da remuneração da hora normal de trabalho."
Esse parágrafo alterou o entendimento já consagrado na jurisprudência, no sentido de ter o pagamento do intervalo não usufruído natureza salarial, e, também, que a não concessão integral do intervalo obrigava o empregador pagar o período integral. Digamos, o trabalhador usufruía de 40 minutos de intervalo, o empregador tinha de pagar o equivalente a uma hora.
Agora, com as alterações acima, o pagamento do período não usufruído terá natureza indenizatória, e o empregador terá de pagar apenas os minutos não usufruídos. Isto deita por terra a previsão da Súmula n. 437, I, do TST:
INTERVALO INTRAJORNADA PARA REPOUSO E ALIMENTAÇÃO. APLICAÇÃO DO ART. 71 DA CLT (conversão das Orientações
Jurisprudenciais ns. 307, 342, 354, 380 e 381 da SBDI-1) Res. n. 185/2012, DEJT divulgado em 25, 26 e 27.9.2012
I Após a edição da Lei n. 8.923/94, a não concessão ou a concessão parcial do...
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