Contrato de Experiência
Autor | Wladimir Novaes Martinez |
Ocupação do Autor | Advogado especialista em Direito Previdenciário |
Páginas | 24-24 |
Page 24
Seguindo a linha da CLT, a LC n. 150/15 em seu art. 4º diz:
É facultada a contratação por prazo determinado, do empregado doméstico:
I - mediante contrato de experiência.
Ela preocupou-se com o domínio da prática do doméstico, disciplinando o contrato de experiência, um período durante o qual as duas partes verificarão as condições de trabalho. Na verdade esse prazo destina-se a conhecer a pessoa e os seus hábitos, o que é natural.
Trata-se, à evidência de um contrato por prazo determinando, de regra de 90 dias (art. 5º), ainda que prorrogável e não comporta aviso-prévio. As partes sabem quando ele pode perder eficácia jurídica.
Do mesmo modo como que sucede com o empregado celetista tal experiência é objeto de algumas polêmicas.
É possível sua prorrogação desde que a soma dos dois períodos não ultrapasse os mesmos 90 dias (art. 5º, § 1º).
Na hipótese de descumprimento dessa prorrogação ou ao final dos 90 dias, se o trabalhador continuar prestando serviços, o contrato passa a ser por prazo indeterminado (art. 5º, § 2º).
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