Empregado aposentado por invalidez tem direito a manutenção do plano de saúde
| Páginas | #8 |
Para o relator do processo, ministro Vieira de Mello Filho, o plano de saúde, ainda que concedido por liberalidade da empresa, é um beneficio que se incorporara ao salário do empregado. E tendo em vista que a aposentadoria por invalidez nao é causa de extinção do contrato, como prevê o artigo 475 da CLT, entendeu ser obrigação da empresa manter o plano de saúde para o empregado.
A jurisprudência tem se pronunciando no sentido de que ainda que tenha ocorrido a suspensão do contrato de trabalho e a sustação das recíprocas obrigações contratuais durante o respectivo período, o ordenamento jurídico exclui situações excepcionais em que e mantida a produção de efeitos...
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